SR 08-13-2019 8A
City Council
Report
City Council Meeting: August 13, 2019
Agenda Item: 8.A
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To: Mayor and City Council
From: Andy Agle, Director, Housing and Economic Development, Housing Division
Subject: Preserving Our Diversity (POD) Expansion to a second phase Pilot 2 program
Recommended Action
Staff recommends that the City Council adopt the attached Preserving Our Diversity
(POD) Program Pilot 2 Policies and Procedures Manual.
Summary
Many long-term Santa Monica seniors living on fixed incomes are at risk of
displacement due to their inability to afford basic needs such as rent, utilities, food, and
healthcare. The Preserving Our Diversity (POD) pilot program was launched to help
seniors live with dignity by meeting their basic needs, in order to preserve the
affordability of existing housing resources and sustain Santa Monica’s economic
diversity by helping low-income seniors remain in the community. This innovative
approach to preventing displacement and homelessness advances the Council’s
Framework Priority of Affordability.
Expansion of POD from the original pilot (Pilot 1) to a second phase (Pilot 2) was
included in the Council-approved Housing Trust Fund Initial Plan and adopted in the
FY 2019-20 budget. To implement and administer the Pilot 2 program, staff
recommends approval of the Preserving Our Diversity (POD) Program Pilot 2 Policies
and Procedures Manual (Attachment A) including detailed policies regarding application
processing, eligibility review, assistance levels, and periodic recertification.
Discussion
Pilot 1
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On July 25, 2017, Council approved the Preserving Our Diversity (POD) pilot program
(Pilot 1), a 14-month program with three program components: cash-based financial
assistance; benefits assessment and enrollment; and care management. The amount of
cash-based assistance was determined by comparing a household’s income after
paying rent to the amount needed by a typical one- or two-person senior household to
meet its basic needs. The basic needs amount is assessed using the POD After-Rent
Income Standard, which is derived from the University of California, Los Angeles
(UCLA) Elder Index Basic Needs Budget. Pilot 1 was based on the 2013 UCLA
assessment and the proposed expansion (Pilot 2) would use the most -recent 2015
version, with local adjustments to utilities and transportation budgets. The POD After-
Rent Income Standard for the proposed Pilot 2 equals $747 for a 1-person household
and $1,306 for a 2-person household. The components of the After-Rent Income
Standards for Pilot 1 and Pilot 2 are provided in Attachment B.
Sample Household 1-Person
Household
2-Person
Household
Monthly Income $1,400 $2,000
Rent $957 $957
After Rent Income $443 $1,043
POD After-Rent Income Standard
(Amount Needed After Rent for Necessities)
$747 $1,306
Monthly POD Allowance
(After Rent Income – POD After-Rent Income Standard)
$304 $263
Pilot 1 began providing direct assistance in November 2017 and concluded in
January 2019. During the 14-month period, 22 participants were enrolled. At the
conclusion of Pilot 1, 17 participants remained enrolled and 5 participants exited the
program. Three participants remain housed in the City and are now assisted through
voucher programs, one participant moved to another city, and one participant passed
away. The 17 remaining Pilot 1 participants have continued to receive cash-based
assistance during the development of Pilot 2 and are proposed to be rolled into Pilot 2,
continuing to receive cash-based assistance so long as the household remains qualified
per the Pilot 1 guidelines.
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Pilot 2
On July 24, 2018, Council approved the Housing Trust Fund Initial Plan, which included
expansion of POD Pilot 1 from a $300,000 one-time budget, resulting in the enrollment
of 22 participants at an annualized assistance cost of $127,128, to an expanded
program with an annual assistance budget of $2 million. On December 20, 2018,
the Housing Commission discussed Pilot 2 program design and on January 17, 2019,
prepared Pilot 2 program design recommendations to City Council (Attachment C). On
June 25, 2019, Council approved the FY 2019-20 Budget which included budget
appropriations of $2,000,000 in Housing Trust funds for cash-based financial
assistance, as well as a limited-term Housing Specialist position and as-needed Staff
Assistant hours to administer the program. Staff will inform program participants in
writing when admitted to the program that the POD assistance is subject to annual
budget appropriations by City Council.
The only change proposed to the POD program threshold eligibility requirement (for
Pilot 2) is to increase the minimum eligible age from 62 to 65. The proposed change is
recommended by the Housing Commission to maximize program participation and
funding, while aligning with the assumptions of the UCLA Elder Index Basic Needs
Budget and federal entitlement programs, primarily Medicare. As explained later in the
report, a key recommendation of the Housing Commission involves allocating the
$2 million POD assistance budget among three groups of particip ating households.
Additionally, POD Pilot 2 would benefit from a detailed set of policies and procedures to
facilitate systematic administration of the expanded program. A comparison of key
program design elements of Pilot 1 and Pilot 2 is provided in Attachment D.
Pilot 2 Goals
The goals of Pilot 1 were to:
1. Support very low-income senior residents in rent-controlled housing to avoid
residential displacement using a cost-effective approach to income subsidies;
2. Assist some of the City’s lowest-income and longest-term residents to live with
greater dignity by helping them meet their basic needs, such as rent, food,
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medical care, and transportation, and by facilitating access to mainstream goods
and services;
3. Provide an opportunity for the City to gauge the effectiveness of POD as an
affordable housing preservation and anti-displacement strategy and model; and
4. Identify key issues to address in conjunction with considering any program
expansion.
For Pilot 2, staff recommends adding the following goal:
5. Provide a balanced approach to serving a diversity of households while serving
high-need households.
The proposed goal would be implemented through an allocation formula designed to
target households with a wide range of financial need, allowing the program to serve
more households than would be served if only households with the highest financial
need were served. To create a balanced approach, the Housing Commission
recommends that Pilot 2 distribute cash-based assistance across three applicant groups
of varying financial need. The following table provides recommended percentages of
budget allocation for cash-based assistance for one-person and two-person
households. The proposed budget allocation mirrors the distribution of Pilot 1’s
assistance levels (see Attachment E).
Pilot 2 Assistance Distribution
The Housing Commission recommends Pilot 2 serve households that need monthly
cash-based assistance of $700 or less per one-person household and its equivalent of
$1,225 or less per two-person household. Furthermore, staff recommends that the
amount of cash-based assistance for Pilot 2 be capped at this time at the two-person
standard for any size household.
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Proposed Pilot 2 Cash-Based Assistance Distribution
Group
% of
POD
Budget
1-Person Household 2-Person Household
Monthly
Assist.
Max.
Monthly
Assist.
Range
Annual
Max
Monthly
Assist.
Max.
Monthly
Assist.
Range
Annual
Max
1 35% $250 $1-250 $3,000 $438 $1-438 $5,256
2 50% $500 $251-500 $6,000 $875 $439-875 $10,500
3 15% $700 $501-700 $8,400 $1,225 $876-1,225 $14,700
Based on the allocations above, staff estimates the program could serve from 248 (if all
2-person) to 436 (if all 1-person) households. The actual number of households served
will depend on the proportion of one-person and two-person households, as well as the
amount of assistance needed within the ‘monthly assistance range’ by each household.
The Housing Commission recommends that if any of the three groups are
undersubscribed, Council should grant staff authority to work with the Housing
Commission to adjust the budget allocations among the groups within the current
assistance ranges. If that situation occurs, staff further recommends that an Information
Item would be prepared for Council and the public explaining any adjustments made to
the allocations.
Policies and Procedures Manual
Operations for Pilot 1 were governed by the eight-page Program Model and Guidelines
(Attachment F). Transitioning the POD program from Pilot 1 serving 22 households to
Pilot 2 serving hundreds of households would enlarge the program significantly. Due to
the magnitude of expansion and to properly steward Housing Trust Funds, staff
recommends that City Council approve the attached Policies and Procedures Manual
(Manual) for Pilot 2.
The Manual provides an overview of Pilot 2 design, while specifying the priorities,
policies, and procedures for program administration, including fair housing and equal
opportunity, improving access for persons with limited English proficiency, applications,
wait-list selection, eligibility review and approval, assistance determinations, perio dic
recertifications, and termination. The Manual was modeled after the Council-approved
Housing Authority Administrative Plan but streamlined for flexibility. Note that the
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proposed Manual reflects a protocol of conducting eligibility recertifications every five
years, consistent with Housing Commission recommendations.
The proposed Manual currently anticipates recalculating the POD assistance when a
household reports that their income has increased/decreased by more than $200 per
month, or a household’s rent has increased by more than $100. However, annual
reexamination of a household’s income and recalculation of assistance is not
recommended at this time, as it is labor-intensive and additional staffing would be
needed to implement annual reexaminations and recalculations. Furthermore,
anticipating annual increases within the $2,000,000 budget would mean setting aside a
portion of the budget to accommodate the increases, effectively reducing the number of
households that could be assisted by the POD program. Finally, staff would not have a
reliable way to estimate the amount of budget needed for future individualized annual
increases. Therefore, budgeting for annual increases would need to be open-ended.
One lesson learned from the implementation of Pilot 1 is that households participating in
the CalFresh program (formerly known as ‘food stamps’) have their benefit reduced as a
result of receiving POD assistance (although the reduction is less than the amount of
POD assistance). Unfortunately, increasing POD assistance in response to a reduced
CalFresh benefit would generate another round of further CalFresh benefit reduction.
Staff is currently working with legislative advocates to rectify this unintended result of
POD assistance.
Program Implementation
Expanding the POD program to several hundred participants will involve outreach,
waitlist administration, application processing, eligibility determination, and coordination
with participants. Implementation is proposed to occur incrementally, with a goal of
completing program enrollment over a one-year period.
The Housing Commission recommended that staff present to Council the estimated cost
of completing the expanded program enrollment within a shorter timeline of six months.
Upon further assessment, staff believes such a scenario is not feasible, due to the
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complexities experienced with the small Pilot 1 program group of participants,
experience with program outreach and marketing, waitlist administration, and eligibility
review, as well as the timing practicality associated with staff recruitment and training.
Staff recognizes the sense of urgency and proposes to launch the program and enroll
participants as soon as possible.
As part of the FY 2019-2020 budget adoption on June 25, 2019, Council discussed
expanding the POD program to provide one-time assistance to residents of rent-
controlled apartments encountering sudden and substantial allowed rent increases .,
which may occur when property owners have not adjusted rents annually based o n
maximum allowable rents established by the Rent Control Board and then decide to
charge the maximum rent allowed. Given that the POD program is designed to provide
on-going assistance to seniors and that the one-time assistance is likely better served
via a different assistance model, Council directed staff to explore the relevant issues
and return to Council with recommendations. Pursuant to Council’s direction, staff from
Community and Cultural Services and Housing and Economic Development have
begun to evaluate whether City Flex Funds, County Rapid Rehousing funds, or other
existing programs could address the need. Staff is also assessing available data to
determine the frequency of the occurrence, the projected necessary amount of
assistance, and other factors that may influence how the community need could be
addressed. If such assistance is eligible under existing programs and funds are
available to address the projected need, staff will inform the Council, community
partners, and associated agencies (including the Rent Control Board) of the ability of
existing programs to address the need. If such assistance is not eligible under existing
programs, or sufficient funding is not available to address the projected need, staff will
return to Council with recommendations. If necessary, Council could choose to allocate
a portion of the budgeted POD funding to address the need. In the meantime, staff
recommends that Council approve the POD program guidelines, as it is expected to
take at least one year to implement the expanded program .
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Past Council Actions
Meeting Date Description
July 25, 2017 City Council approved Pilot 1 Program Model and
Guidelines
July 24, 2018 City Council approved the annual allocation of $2 million in
Housing Trust Funds for POD as a part of the 2013-2021
Housing Trust Fund Plan
June 24, 2019 City Council approved FY 2019-20 Budget
Financial Impacts and Budget Actions
The Preserving Our Diversity (POD) Program Pilot 2 will cost $2,157,306 for one year,
with $2,000,000 allocated to cash-based assistance and $157,306 allocated to
administration. Funds for the program were included in the FY 2019 -20 budget in the
Housing and Economic Development Department. Budget authority for subsequent
budget years will be requested in each budget for Council approval. Future-year
funding is contingent on Council budget approval.
Prepared By: Jim Kemper, Housing Program Manager
Approved
Forwarded to Council
Attachments:
A. Proposed POD Policies and Procedures Manual
B. POD After-Rent Income Standard
C. Housing Commission Recommendations
D. Comparison of Key Program Elements
E. Pilot 1 Program Model and Guidelines
F. Threshold Eligibility Criteria
G. Written Comments
PRESERVING OUR
DIVERSITY (POD)
PROGRAM
PILOT 2
Policies and Procedures Manual
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TABLE OF CONTENTS
Chapter 1: OVERVIEW OF POD AND THE POLICIES & PROCEDURES MANUAL
Introduction .......................................................................................................................... 1-1
PART I: THE CITY OF SANTA MONICA (CITY) .............................................................. 1-1
1-I.A. Organization and Structure of the City ...................................................................... 1-1
1-I.B. Ethics and Service ..................................................................................................... 1-2
PART II: THE PRESERVING OUR DIVERSITY (POD) PROGRAM ................................ 1-2
1-II.A. Program Purpose, Goals and Background ............................................................... 1-2
1-II.B. Program Basics ......................................................................................................... 1-2
PART III: OVERVIEW AND PURPOSE OF THE POLICIES & PROCEDURES MANUAL
.................................................................................................................................................. 1-4
1-III.A. Contents of the Policies and Procedures Manual ................................................... 1-4
Chapter 2: FAIR HOUSING AND EQUAL OPPORTUNITY
Introduction .......................................................................................................................... 2-1
PART I: NONDISCRIMINATION ......................................................................................... 2-1
2-I.A. Overview ................................................................................................................... 2-1
2-I.B. Nondiscrimination ..................................................................................................... 2-1
PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES ............................. 2-2
2-II.A Definition of a Person with a Disability Under Federal Civil Rights Laws ............. 2-2
2-II.B. Definition of Reasonable Accommodation .............................................................. 2-3
2-II.C. Types of Reasonable Accommodations ................................................................... 2-3
PART III: PROHIBITION OF DISCRIMINATION AGAINST LIMITED ENGLISH
PROFICIENCY PERSONS ..................................................................................................... 2-4
2-III.A. Request for a Reasonable Accommodation ............................................................ 2-4
2-III.B. Approval/Denial of a Requested Reasonable Accommodation .............................. 2-4
2-III.C. Physical Accessibility ............................................................................................. 2-5
PART IV: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED
ENGLISH PROFICIENCY (LEP) .......................................................................................... 2-6
2-IV.A. Overview ................................................................................................................ 2-6
2-IV.B. Oral Interpretation .................................................................................................. 2-6
2-IV.C. POD Language Assistance Plan ............................................................................. 2-6
Chapter 3: ELIGIBILITY ........................................................................................................ 3-1
Introduction .......................................................................................................................... 3-1
PART I: DEFINITIONS OF PARTICIPANT AND HOUSEHOLD MEMBERS ................. 3-1
3-I.A. Overview ................................................................................................................... 3-1
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3-I.B. Participant and Types of Household Members.......................................................... 3-1
3-I.C. Guests ........................................................................................................................ 3-2
3-I.D. Temporarily and Permanent Absence from the Residence ....................................... 3-2
PART II: BASIC ELIGIBILITY CRITERIA .......................................................................... 3-2
3-II.A. Threshold Eligibility Criteria ................................................................................... 3-2
Chapter 4: APPLICATIONS, WAITING LIST AND TENANT SELECTION ................. 4-1
Introduction .......................................................................................................................... 4-1
PART I: THE APPLICATION PROCESS.............................................................................. 4-1
4-I.A. Overview ................................................................................................................... 4-1
4-I.B. Applying for Assistance ............................................................................................ 4-1
4-I.C. Accessibility of the Application Process ................................................................... 4-2
4-I.D. Placement on the Waiting List .................................................................................. 4-2
PART II: MANAGING THE WAITING LIST....................................................................... 4-3
4-II.A. Overview .................................................................................................................. 4-3
4-II.B. Organization of the Waiting List .............................................................................. 4-3
4-II.C. Opening and Closing of the Waiting List................................................................. 4-3
PART III: SELECTION FOR APPLICATION REVIEW AND PARTICIPATION ............. 4-4
4-III.A. Overview................................................................................................................. 4-4
4-III.B. Selection and Qualification ..................................................................................... 4-4
4-III.C. Notification of the Selection ................................................................................... 4-5
4-III.D. The Application Interview ...................................................................................... 4-5
4-III.E. Completing the Application Process ....................................................................... 4-5
Chapter 5: BRIEFINGS AND ASSISTANCE ........................................................................ 5-1
5-I.A. Participant Obligations .............................................................................................. 5-1
Chapter 6: POD ASSISTANCE DETERMINATIONS ......................................................... 6-1
Introduction .......................................................................................................................... 6-1
PART I: ANNUAL INCOME ................................................................................................. 6-1
6-I.A. Overview ................................................................................................................... 6-1
6-I.B. Household Composition and Income ........................................................................ 6-1
6-I.C. ANTICIPATING ANNUAL INCOME .................................................................... 6-2
6-I.D. Earned Income ........................................................................................................... 6-2
6-I.E. Business Income ........................................................................................................ 6-2
6-I.F. Assets ......................................................................................................................... 6-3
6-I.H. PERIODIC PAYMENTS .......................................................................................... 6-7
6-I.I. Payments in Lieu of Earnings ..................................................................................... 6-8
6-I.J. Welfare Assistance ..................................................................................................... 6-9
PART II: Basic Needs Budget ................................................................................................. 6-9
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6-II.A. UCLA Elder Index and POD Basic Needs Budget .................................................. 6-9
6-II.B. After-Rent Basic Need Budget and Maximum Assistance .................................... 6-10
Chapter 7: VERIFICATION .................................................................................................... 7-1
Introduction .......................................................................................................................... 7-1
PART I: GENERAL VERIFICATION REQUIREMENTS ................................................... 7-1
7-I.A. Participant Consent to Release of Information.......................................................... 7-1
7-I.B. Overview of Verification Requirements.................................................................... 7-1
7-I.C. Self-certification ........................................................................................................ 7-2
Part II: VERIFYING PARTICIPANT INFORMATION ........................................................ 7-2
7-II.A. Verification of Legal Identity .................................................................................. 7-2
7-II.B. Social Security Numbers .......................................................................................... 7-3
7-II.C. Documentation of Age ............................................................................................. 7-3
7-II.D. Participants Relationships ........................................................................................ 7-4
PART III: Verifying Income AND ASSETS........................................................................... 7-5
7-III.A. Earned Income ........................................................................................................ 7-5
7-III.B. Business and Self-Employment Income ................................................................. 7-5
7-III.C. Periodic Payments and Payments in Lieu of Earnings ........................................... 7-6
7-III.D. Alimony or Child Support ...................................................................................... 7-6
7-III.E. ASSETS AND INCOME FROM ASSETS ............................................................ 7-6
CHAPTER 8: ALLOWABLE MOVES ................................................................................... 8-1
8-I.A. Allowable Moves ...................................................................................................... 8-1
8-I.B. Moving Process ......................................................................................................... 8-1
Chapter 9: REEXAMINATIONS ............................................................................................ 9-1
Introduction .......................................................................................................................... 9-1
PART I: 5-YEAR REEXAMINATIONS ................................................................................ 9-1
9-I.A. Overview ................................................................................................................... 9-1
9-I. B. Effective Dates ......................................................................................................... 9-1
PART II: INTERIM REEXAMINATIONS ............................................................................ 9-2
9-II.A. Overview .................................................................................................................. 9-2
9-II.B. Changes .................................................................................................................... 9-2
9-II.C. Processing the Interim Reexamination ..................................................................... 9-2
PART III: RECALCULATING PROGRAM ASSISTANCE AMOUNT .............................. 9-3
Chapter 10 TERMINATION OF ASSISTANCE AND TENANCY ................................... 10-1
INTRODUCTION ............................................................................................................. 10-1
PART 1: GROUNDS FOR TERMINATION OF ASSISTANCE ........................................ 10-1
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10-I.A. Overview ............................................................................................................... 10-1
10-I.B. Participant No Longer Requires Assistance .......................................................... 10-1
10-I.C. Participant Chooses to Terminate Assistance ........................................................ 10-1
PART II: APPROACH TO TERMINATION OF ASSISTANCE ........................................ 10-2
10-II.A. Overview .............................................................................................................. 10-2
10-II.B. Method of Termination [24 CFR 982.552(a)(3)] ................................................. 10-3
10-II.C. Criteria for Deciding to Terminate Assistance ..................................................... 10-3
10-II.D. Termination Notice .............................................................................................. 10-3
10.II.E. STATEMENT OF PARTICIPANT HOUSEHOLD OBLIGATIONS ................ 10-4
10-II.F. POD CONTRACT PAYMENTS ......................................................................... 10-5
10-II.F. CHANGE IN OWNERSHIP / ASSIGNMENT OF THE HAP CONTRACT ..... 10-6
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CHAPTER 1: OVERVIEW OF POD AND THE POLICIES & PROCEDURES MANUAL
Introduction
Preserving Our Diversity (POD) provides cash-based assistance to long-term Santa Monica senior
renters whose inability to pay for their basic needs may result in residential displacement.
POD is the result of City Council direction provided at its May 10, 2016 meeting and the affordable
housing strategies recommended by the Housing Commission in December 2015. The Pilot 1
Guidelines were approved by City Council on July 25, 2017. The original POD pilot began in
November 2017, and concluded in January 2019, with participants continuing to receive to receive
cash-based assistance thereafter. In July 2018, City Council allocated funds from the Housing
Trust Fund to substantially expand POD for its second phase (Pilot 2).
Chapter 1 provides an overview of the City of Santa Monica’s administration of POD, the
components of POD program and the POD Policies and Procedures Manual. There are three parts
to this chapter:
Part I: The City of Santa Monica (City). The City administers POD and POD is a locally-
funded program. This part includes a description of the City, its jurisdiction, its programs,
and its mission and intent.
Part II: The POD Program. This part contains information about POD operations, roles and
responsibilities, and partnerships.
Part III: The POD Policies and Procedures Manual. This part discusses the purpose and
organization of the Plan, which is the guiding policy document for POD.
PART I: THE CITY OF SANTA MONICA (CITY)
1-I.A. Organization and Structure of the City
POD is operated as an independent, locally-funded City program and funded from the
Redevelopment Replacement Housing Trust Fund (RRHTF). The source of funds for the RRHTF
is a 0.5% local sales tax increase as described in Measure GSH, passed by voters in November
2016 and any matching funds allocated by the City Council.
The City’s Housing Division and the Santa Monica Housing Authority (SMHA) operates
affordable housing programs through the Housing Division which is part of the Housing and
Economic Development Department (HED). The mission of HED is to create affordable housing
opportunities and a sustainable economy in Santa Monica.
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1-I.B. Ethics and Service
As a public service agency, the City is committed to providing excellent service to program
participants, owners, and to the community. POD will comply with local, state and federal laws
and regulations to ensure operational consistency among City programs. The City will make every
effort to keep program participants informed of program rules and regulations, and to advise
participants of how the program rules affect them. The City’s standards are grounded in the City
of Santa Monica Code of Ethics adopted on November 24, 2015, emphasizing the principles of
fairness, transparency, accountability, and integrity.
PART II: THE PRESERVING OUR DIVERSITY (POD) PROGRAM
1-II.A. Program Purpose, Goals and Background
The purpose of the Preserving Our Diversity (POD) Pilot Program is to cost-effectively maintain
economic diversity by providing financial assistance to low-income long-term residents aged 65
and above, living in rent-controlled apartments and whose inability to their basic income needs
may result in displacement from Santa Monica.
The goals of POD are to:
1. Help very low-income senior residents meet their basic income needs to avoid residential
displacement;
2. Assist some of the City’s lowest-income and longest-term residents to live with greater
dignity by helping them meet their basic needs, such as rent, food, medical care, and
transportation, and by facilitating access to mainstream goods and services;
3. Provide an opportunity for the City to gauge the effectiveness of POD as a housing
preservation and anti-displacement strategy and model; and
4. Identify key issues to address in conjunction with any program expansion.
5. To create a balanced approach to serving a large number of households while also serving
high-need households.
1-II.B. Program Basics
Threshold Eligibility Criteria
Threshold Eligibility Criteria for the POD pilot (household must meet all criteria below):
1. Head of household is a senior aged 65 or older; and
2. Household must have occupied current Santa Monica rent-control apartment since
before January 1, 2000; and
3. Household income must be equal to or less than Very Low Income (50 % Area Median
Income) for Los Angeles County, as determined by the United States Department of
Housing and Urban Development; and
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4. Household income documentation indicates that the household needs the POD cash-
based assistance (e.g. earning less than the approved Basic Needs Budget after-rent
income for household size); and
5. Household’s apartment must not be deed-restricted affordable housing of any kind,
including:
• Properties purchased, rehabilitated and/or constructed with City Housing Trust
Funds; and
• Apartments subject to the Affordable Housing Production Program; and
• Federally assisted properties; and
• Los Angeles County-assisted or owned affordable housing properties; and
6. Household is not currently participating in, or previously terminated from, any Santa
Monica Housing Authority rent subsidy programs; and
7. No household members have been convicted of violent crime which occurred within
the last 5 years, or who are registered sex offenders; and
8. Social Security Numbers - The participant must disclose their social security number
to allow the City to report the cash assistance as income on a 1099 Form; and
9. Participant must agree to execute a Consent to Release Information Form and Privacy
Act Notice, and other consent forms as needed to collect information relevant to the
participant’s eligibility if required. The City must deny admission to the program if any
applicant, participant fails to sign and submit the consent forms within 10 days.
Priority Order for Application Review
Priority order for review of the POD applications will be established by a lottery system.
Applications will be reviewed by City staff for program eligibility in this order.
Basic Needs Budget
The household assistance amount shall be determined using the Basic Needs Budget Method, not
to exceed the limits illustrated in the table below. The Basic Needs Budget Method is based on a
modified-for-Santa Monica version of the 2015 University of California in Los Angeles (UCLA)
Elder Index Basic Needs Budget (BNB), which aims to equalize the remaining amount of income
each household retains after paying rent.
PILOT 2
Expense 1-person HH 2-person HH
Food $269 $499
Healthcare $162 $324
Transportation $52 $103
Utilities $44 $63
Miscellaneous $220 $317
Total Monthly POD After-Rent
Income Standard $747 $1,306
Maximum Pilot 2 Assistance: $700 $1,225
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Cash-Based Assistance Formula
The formula for the amount of cash-based assistance provided to a household is calculated as
follows (with adjustments for household size):
• Total Monthly Income Minus Monthly Rent = Monthly After-Rent Income
• Monthly Basic Needs Budget Non-Rent Expenses (not to exceed $700 for a 1-person
household or $1,225 for a 2-person household) Minus Monthly After-Rent Income =
Monthly Cash-Based Assistance
Definition of Monthly Rent
Monthly rent is defined as the amount of money paid for housing to the landlord or owner as
evidenced by a cancelled check, money order, or verifiable receipt.
Definition of Monthly Income and Asset Income Calculation
Regular sources of cash plus monthly imputed asset income.
PART III: OVERVIEW AND PURPOSE OF THE POLICIES & PROCEDURES
MANUAL
The Policies and Procedures Manual establishes protocols for administering the POD program in
a manner consistent with local goals and objectives.
1-III.A. Contents of the Policies and Procedures Manual
The protocols included in the Policies and Procedures Manual are as follows:
• City oversight of the POD program;
• Description of the POD program and Policies and Procedures Manual;
• Fair housing and equal opportunity;
• Program accessibility for persons with disabilities and limited English proficiency;
• Program eligibility, application process and selection of applicants;
• Standards for denying admission;
• How POD assistance is calculated
• How income and imputed income from assets are determined;
• Participant obligations;
• Participant household composition
• Interim redeterminations of household income and composition;
• Standards for terminations, program violations and repayment plans;
• Informal review procedures for applicants;
• Informal hearing procedures for participants;
The City will revise this Manual as needed.
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CHAPTER 2: FAIR HOUSING AND EQUAL OPPORTUNITY
Introduction
This chapter describes City policies for the administration of POD related to the following Fair
Housing and Equal Opportunity topics:
Part I: Nondiscrimination. This part presents the body of laws and regulations governing
the responsibilities of the POD regarding nondiscrimination.
Part II: Policies Related to Persons with Disabilities. This part discusses the rules and
policies of POD related to reasonable accommodation for persons with disabilities.
Part III: Prohibition of Discrimination Against Limited English Proficiency Persons. This
part details how POD will ensure meaningful access to housing programs and its activities
by persons with limited English proficiency (LEP).
PART I: NONDISCRIMINATION
2-I.A. Overview
The administration of POD will comply with federal, state, and local nondiscrimination laws, and
with rules and regulations governing fair housing and equal opportunity in housing and
employment. When more than one civil rights law applies to a situation, the laws will be read and
applied together. Any applicable state laws or local ordinances and any legislation protecting
individual rights of tenants, applicants, or staff that may subsequently be enacted will also apply.
2-I.B. Nondiscrimination
The City, in its administration of POD, shall not discriminate because of race, color, sex, religion,
familial status, age, disability or national origin (called “protected classes”).
• Familial status includes children under the age of 18 living with parents or legal custodians,
pregnant women, and people securing custody of children under the age of 18.
• The City will not discriminate on the basis of an individual’s status as a victim of domestic
violence, dating violence, sexual assault or stalking.
• The City will not discriminate on the basis of marital status, gender identity, or sexual
orientation
• In addition, the City will not discriminate on the basis of gender expression, ancestry,
source of income, or genetic information.
• The City of Santa Monica’s Municipal Code Section 4.28.030, the Housing Anti-
Discrimination Code, prohibits discrimination based on “source of income”. “Source of
income” includes any lawful source of income or rental assistance from any federal, State,
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local, or non-profit-administered benefit or subsidy program including, but not limited to,
rental housing voucher programs.
The City, in its administration of POD, will not use any of these factors to:
• Deny to any household the opportunity to apply for POD, nor deny to any qualified applicant
the opportunity to participate in the POD program;
• Subject anyone to segregation or disparate treatment;
• Restrict anyone's access to any benefit enjoyed by others in connection with the POD program;
• Treat a person differently in determining eligibility or other requirements for admission;
• Steer an applicant or participant toward or away from a particular area based on any of these
factors;
• Deny anyone access to services;
• Deny anyone the opportunity to participate in a planning or advisory group that is an integral
part of the POD program;
• Discriminate against someone because they are related to or associated with a member of a
protected class;
• Publish or cause to be published an advertisement or notice indicating the availability of the
POD program that prefers or excludes persons who are members of a protected class; and
• Coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of
fair housing rights.
• Additionally, the City will not retaliate against individuals for exercising, or encouraging
others to exercise, their fair housing rights.
PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES
2-II.A Definition of a Person with a Disability Under Federal Civil Rights Laws
A person with a disability, as defined under federal civil rights laws, is any person who:
• Has a physical or mental impairment that substantially limits one or more of the major life
activities of an individual, or
• Has a record of such impairment, or
• Is regarded as having such impairment
The phrase “physical or mental impairment” includes:
• Any physiological disorder or condition, cosmetic or disfigurement, or anatomical loss
affecting one or more of the following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive;
genito-urinary; hemic and lymphatic; skin; and endocrine; or
• Any mental or psychological disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities. The term “physical or mental
impairment” includes but is not limited to: such diseases and conditions as orthopedic, visual,
speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy,
multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug
addiction and alcoholism.
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“Major life activities” includes, but is not limited to, caring for oneself, performing manual tasks,
walking, seeing, hearing, breathing, learning, and/or working.
“Has a record of such impairment” means has a history of, or has been misclassified as having, a
mental or physical impairment that substantially limits one or more major life activities.
“Is regarded as having an impairment” is defined as having a physical or mental impairment that
does not substantially limit one or more major life activities but is treated by a public entity (such
as the City) as constituting such a limitation; has none of the impairments defined in this section
but is treated by a public entity as having such an impairment; or has a physical or mental
impairment that substantially limits one or more major life activities, only as a result of the
attitudes of others toward that impairment.
The definition of a person with disabilities does not include:
• Current illegal drug users
• People whose alcohol use interferes with the rights of others
• Persons who objectively pose a direct threat or substantial risk of harm to others that cannot
be controlled with a reasonable accommodation under the programs
The above definition of disability determines whether an applicant or participant is entitled to any
of the protections of federal disability civil rights laws. Thus, a person who does not meet this
disability is not entitled to a reasonable accommodation under federal civil rights and fair housing
laws and regulations.
2-II.B. Definition of Reasonable Accommodation
A reasonable accommodation is an adjustment made to a rule, policy, practice, or service that
allows a person with a disability to have equal access. For example, reasonable accommodations
may include making home visits, or extending the assistance term.
Requests for reasonable accommodations will be considered “reasonable” if they do not create an
undue financial and administrative burden or result in a fundamental alteration in the nature of
operations.
2-II.C. Types of Reasonable Accommodations
When needed, the City will modify normal procedures to accommodate the needs of a person with
disabilities. Examples include:
• Permitting applications and reexaminations to be completed by mail or online;
• Conducting home visits; and
• Permitting an authorized designee or advocate to participate in the application or certification
process and any other meetings with City staff or vendors.
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PART III: PROHIBITION OF DISCRIMINATION AGAINST LIMITED ENGLISH
PROFICIENCY PERSONS
2-III.A. Request for a Reasonable Accommodation
If an applicant or participant indicates that an exception, change, or adjustment to a rule, policy,
practice, or service is needed because of a disability, the City will encourage the household to
make a request in writing using a reasonable accommodation request form. However, the City will
consider the accommodation any time the household requests an accommodation whether or not a
formal written request is submitted. The household must explain the accommodation they desire
related to their disability. If the need for the accommodation is not readily-apparent or known to
the City, the household must explain the relationship between the requested accommodation and
the disability. There must be an identifiable connection, or nexus, between the requested
accommodation and the individual’s disability.
2-III.B. Approval/Denial of a Requested Reasonable Accommodation
The City must approve a request for an accommodation if the following three conditions are met:
• The request was made by or on behalf of a person with a disability.
• There is a disability-related need for the accommodation.
• The requested accommodation is reasonable, meaning it would not impose an undue financial
and administrative burden on the City, or fundamentally alter the nature of the City’s
operations
Requests for accommodations must be determined on a case-by-case basis, taking into account
factors such as the overall size of the City’s administration of POD with respect to the number of
employees, workforce, the nature and cost of the requested accommodation, and the availability
of alternative accommodations that would effectively meet the family’s disability-related needs.
After receiving a request for accommodation is presented, the City will acknowledge receipt of
the request, within 10 business days. Before making a determination, the City may enter into
discussion and negotiations with the participant and may request additional information from the
participant. Based on the verified need for the accommodation, or the absence thereof, the City
will render its decision within a reasonable period of time.
If the City denies a request for an accommodation because it is not reasonable (it would impose an
undue financial and administrative burden or fundamentally alter the nature of the City’s
operations), the City will discuss with the participant an a viable alternative exists dation could
effectively address the need without a fundamental alteration to the program and without imposing
an undue financial and administrative burden. If the need for the accommodation was not readily
apparent or known to the City, and the participant was not able to demonstrate the relationship or
nexus between the requested accommodation and the disability, the City may also deny the request.
If the City believes that the participant has failed to identify a reasonable alternative
accommodation after interactive discussion and negotiation, the City will notify the participant, in
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writing, of its determination within 15 business days from the date of the most recent discussion
or communication with the participant. The CITY may be required to respond in less than 15
business days.
The City will ensure that persons with disabilities related to hearing and vision have reasonable
access to the POD program. At the initial point of contact with each applicant, the PHA shall
inform all applicants of alternative forms of communication that can be used other than plain
language paperwork.
To meet the needs of persons with hearing impairments, TTD/TTY [(310) 917-6626]
communication will be available or SKYPE calling.
To meet the needs of persons with vision impairments, large-print of key program documents will
be made available upon request. Audio versions may be made available upon request. When visual
aids are used in public meetings or presentations, or in meetings with City staff, one-on-one
assistance will be provided upon request. Documents can also be emailed in order for participants
to enlarge or convert to audio.
Additional examples of alternative forms of communication are sign language interpretation;
having material explained orally by staff; or having a third-party representative (a friend, relative
or advocate, named by the applicant) to receive, interpret and explain housing materials, be present
at meetings held with the participant, or to represent the participant and the participant’s interests.
Should the participant designate an individual as such a representative, a written, notarized
authorization must be submitted to the City specifically designating the individual, including an
acknowledgement that the participant is still responsible for all participant obligations under the
programs.
2-III.C. Physical Accessibility
The City must comply with a variety of regulations pertaining to physical accessibility, including
the following:
• Section 504 of the Rehabilitation Act of 1973
• The Americans with Disabilities Act of 1990
• The Architectural Barriers Act of 1968
• The Fair Housing Act of 1988
The POD physical accessibility policy is as follows:
• The City will provide physically accessible City meeting space for any activities that
require in-person meetings for POD applicants, enrollees, participants, or their designated
representatives; and
• The City will consider reasonable accommodation requests from applicants, enrollees,
participants, or their designated representatives; and
• The City will implement the approved accommodation activities.
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PART IV: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED
ENGLISH PROFICIENCY (LEP)
2-IV.A. Overview
Language for Limited English Proficiency Persons (LEP) can be a barrier to accessing important
benefits or services, understanding and exercising important rights, complying with applicable
responsibilities, or understanding other information provided by the programs.
POD will take affirmative steps to communicate with people who need services or information in
a language other than English. These persons will be referred to as Persons with Limited English
Proficiency (LEP). POD will adopt and adhere to the same standards as the SMHA LEP Language
Assistance Plan as described in Exhibit 2-2.
LEP is defined as persons who do not speak English as their primary language and who have a
limited ability to read, write, speak or understand English. For the purposes of this Policies and
Procedures Manual, LEP persons are participants.
2-IV.B. Oral Interpretation
The City will offer competent interpretation services free of charge, upon request to the LEP
person. The City will utilize a language line for telephone interpreter services.
Where LEP persons desire, they will be permitted to use, at their own expense, a qualified
interpreter of their own choosing, in place of or as a supplement to the free language services
offered by the City. The interpreter may be a participant member or friend; however, the City will
not permit minor children to act as interpreters.
The City will analyze the various kinds of contacts it has with the public, to assess language needs
and decide what reasonable steps should be taken. “Reasonable steps” may not be reasonable
where the costs imposed substantially exceed the benefits.
Where feasible and possible, according to its language assistance plan (LAP), the City will train
and hire bilingual staff to be available to act as interpreters and translators, will pool resources
with other City departments.
2-IV.C. POD Language Assistance Plan
Factor Four: Resources currently available to participants/residents
The City’s Housing Division, under which POD will be operated, currently makes the following
resources available to LEP individuals and families in order to provide meaningful access to
housing programs and services:
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Language Assistance
The City, in its operation of POD, will:
1. List the telephone extension on all notices addressing language assistance.
2. Utilize language identification flashcards to assist limited English proficient individuals to
inform staff of the language they are most comfortable using to communicate.
3. Utilize signage in the lobby of the housing authority and on the website informing the public
of translation and interpreter service.
4. Inquire as to the need for, and provide qualified interpreter assistance for, all required group
meetings (i.e. briefings) at no cost to the participant.
5. Provide translated versions of vital documents to LEP applicants and participants.
6. Provide free interpretation assistance upon request for all other POD activities.
7. Bilingual staff in designated positions to provide oral translation services
Interpreters
To the extent that they are available, qualified interpreters will be provided for all group meetings
(i.e. briefings) at no cost to the participants, if the assistance is requested at least 2 work days prior
to the meeting. Notice announcing the meeting, including appointment letters, will advise
individuals of their ability to request assistance in advance of a group meeting. Interpretation
assistance via telephone conferencing will be offered for one-on-one meetings with staff as needed.
Friends will be strongly discouraged as interpreters; minor children will not be permitted to act as
interpreters. The City maintains a Translation Services List of employees who are proficient in
interpreting specific languages. Advance notification will be required in order to request
employees from other Departments to assist with application, enrollment and participation
activities.
Translation
While every effort will be made to ensure that all documents translated remain true to the English
version, the text of the English version is the official statement and/or policy of POD. Eventual
errors in translation may be considered as a mitigating factor in assessing any resulting
complications.
The City will make every effort to provide translations (Spanish and other language(s)) for
participants when it is disclosed that they are in need of this service. Particularly, the
a. The statement of Participant Obligations
b. Termination Notices
c. Notices advising of the right to request an Informal Review or Informal Hearing
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CHAPTER 3: ELIGIBILITY
Introduction
The City is responsible for ensuring that the participant and all participant household members
meet program eligibility requirements. Participant must provide all information requested by the
City to confirm eligibility and to determine the level of POD assistance.
This chapter contains three parts:
Part I: Definitions of Participant and Household Members. This part contains
definitions of participant and household members and explains initial and ongoing
eligibility issues related to these members.
Part II: Basic Eligibility Criteria. This part discusses income eligibility, and rules
regarding social security numbers and consent.
PART I: DEFINITIONS OF PARTICIPANT AND HOUSEHOLD MEMBERS
3-I.A. Overview
Eligibility criteria and program rules vary depending upon the composition of the household
requesting assistance. Some requirements apply to the household as a whole and others apply to
individual persons who will live in the residence. This part provides information that is needed to
correctly identify participants and household members, to apply eligibility rules and to determine
cash-based assistance.
3-I.B. Participant and Types of Household Members
All household members will be assigned a household member type for the purposes of determining
the amount of cash-based assistance that an applicant may be eligible to receive. Household
member types are defined as follows:
1. Participant – A participant is a senior, aged 65 or above who legally resides in the
apartment.
2. Other member – income earner or not, who does not have a roommate or live-in aide
agreement with the participant.
3. Roommate – A roommate is an unrelated adult of any age who has entered into an
agreement to pay monthly rent either to landlord or the participant.
4. Live-in Aide – provides care to a member of the household based on a documented
disability need which requires a caregiver to be available by living in the residence.
LIVE-IN AIDE
A live-in aide who resides with one or more elderly persons, or near-elderly persons, or
persons with disabilities, and who: (1) is determined to be essential to the care and well-
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being of the persons, (2) is not obligated for the financial support of the persons, and (3)
would not be living in the residence except to provide the necessary supportive services.
The income of a live-in aide working in the participants home is not counted in the
calculation of annual income for the participant household.
3-I.C. Guests
A guest is a person temporarily staying in the residence with the consent of a member of the
household who has expressed or implied authority to so consent. A guest can remain in the assisted
residence as allowed by the participant’s lease or if a reasonable accommodation is requested of
the landlord.
3-I.D. Temporarily and Permanent Absence from the Residence
Participant may be considered absent from the residence either temporarily or permanently, for a
variety of reasons, including educational activities, employment, illness, incarceration, treatment,
and court order. Generally, a participant who is or is expected to be absent from the residence for
90 consecutive days or less is considered temporarily absent and continues to be considered a
participant. Generally, an individual who is or is expected to be absent from the assisted residence
for more than 90 consecutive days is considered permanently absent and will be dismissed from
the POD program. Exceptions to this general policy are discussed below.
Medical Reasons
When a participant member is confined to a medical or treatment facility on a permanent basis
they are no longer considered a POD participant and the cash-based assistance will be terminated.
The City will request verification from a responsible medical professional to verify the medical
status.
PART II: BASIC ELIGIBILITY CRITERIA
3-II.A. Threshold Eligibility Criteria
Threshold Eligibility Criteria are factors that establish whether an applicant will be reviewed for
program eligibility. The Threshold Eligibility Criteria for POD are:
1. Head of household is a senior aged 65 or older;
2. Household must have occupied current Santa Monica rent-control apartment prior to
January 1, 2000;
3. Household income must be equal to or less than Very Low Income (50 % Area Median
Income) for Los Angeles County, as determined annually by the United States Department
of Housing and Urban Development;
4. Household income documentation indicates that the household is in need of the POD cash-
based assistance (e.g. earning less than the approved Basic Needs Budget after-rent income
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for household size) not to exceed the assistance limit of $700 for 1-person households or
$1225 for 2-person households; and
5. Household’s apartment must not be deed-restricted affordable housing of any kind,
including:
• Properties purchased, rehabilitated and/or constructed with City Housing Trust Funds;
• Apartments subject to the Affordable Housing Production Program;
• Federally assisted properties; and
• Los Angeles County-assisted or owned affordable housing properties; and
6. Household is not currently participating in, or previously terminated from, any Santa
Monica Housing Authority rent subsidy programs; and
7. No household members have been convicted of violent crime which occurred in the
previous 5 years or are registered sex offenders.
8. Social Security Numbers - The participant must disclose their social security number to
allow the City to report the cash assistance as income on a 1099 form.
9. Participant must agree to execute a Consent to Release Information Form and Privacy Act
Notice, and other consent forms as needed to collect information relevant to the
participant’s eligibility if required. The City must deny admission to the program if any
applicant, participant fails to sign and submit the consent forms within 10 days.
Income Limits
HUD establishes income limits for all areas of the country and publishes them annually in the
Federal Register. They are based upon estimates of median income with adjustments for
household size. The income limits are used to determine threshold eligibility for the program (i..e,
Very Low -Income).
Income limits are used for threshold eligibility at admission. Income eligibility is determined by
comparing the annual income of an applicant to the applicable HUD income limits, adjusted for
household size.
Very Low-Income Participant. A participant whose annual income does not exceed 50 percent of
the median income for Los Angeles County, adjusted for household size. The current Los Angeles
County AMI is as follows:
Very Low-Income (2018)
Household Size
1 2 3 4 5 6
$36,550 $41,800 $47,000 $52,200 $56,400 $60,600
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CHAPTER 4: APPLICATIONS, WAITING LIST AND TENANT SELECTION
Introduction
When a household wishes to receive assistance under the POD program, the household must
submit an application that provides the City with the information needed to determine the
household’s eligibility. All households that apply for assistance must be selected from the waiting
list. When POD assistance becomes available, the City must select applications for review from
the waiting list in accordance with this Policies and Procedures Manual.
The City will adopt clear policies and procedures to accepting applications, placing households on
the waiting list, and selecting households from the waiting list and must follow these policies and
procedures consistently.
This chapter describes City policies for taking applications, managing the waiting list and selecting
families for POD assistance. The policies outlined in this chapter are organized into three sections,
as follows:
Part I: The Application Process. This part provides an overview of the application
process and discusses how applicants can obtain and submit applications. This part also
specifies how the City will handle submitted applications.
Part II: Managing the Waiting List. This part presents the policies that govern how the
City’s waiting list is structured, when it is opened and closed, and how the public is notified
of the opportunity to apply for assistance. This part also discusses the process the City will
use to keep the waiting list current.
Part III: Selection for POD Assistance. This part describes the policies that guide the
City in selecting applicants for POD assistance as such assistance becomes available. this
part also specifies how in-person interviews may be used to ensure that the City has the
information needed to make a final eligibility determination.
PART I: THE APPLICATION PROCESS
4-I.A. Overview
This part describes the City policies for making applications available, accepting applications,
making preliminary determinations of eligibility, and the placement of applicants on the waiting
list.
4-I.B. Applying for Assistance
Any participant that wishes to receive POD assistance must apply for admission to the program.
Applications must be completed in the method described in the instructions on the City’s website
in order to be accepted by the City for processing. All required information must be filled out
before the system will accept the application.
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Under the application process, the City initially will require families to provide only the
information needed to make an initial assessment of the participant’s eligibility. This information
will be obtained from the participant via a preliminary application online. As a reasonable
accommodation, families may also apply by telephone.
Once the initial assessment of participant eligibility is completed and the preliminary application
is deemed approved for further processing, the participant will be required to provide all of the
information necessary to establish participant eligibility and level of assistance. The information
will be obtained from the participant via a full application form.
4-I.C. Accessibility of the Application Process
If a person living with disabilities is unable to complete the online preliminary application process
due to the nature of their disability, they may request a reasonable accommodation for assistance
with the application process. The City will accept reasonable accommodation requests starting
from the time that the formal announcement of the waiting list opening. Requests for reasonable
accommodations received before this period will not be reviewed. To prevent delay in the
preliminary application process for applicants, the City will not verify with a third party the
individual’s need for a reasonable accommodation. As a reasonable accommodation, City may
allow the applicant to apply by telephone. The applicant must contact the City before the deadline
specified by the City.
4-I.D. Placement on the Waiting List
The City will review each complete preliminary application received and make an initial
assessment of the household’s eligibility. The City will accept preliminary applications from
households for whom the list is open unless there is good cause for not accepting the application.
Where the household is not determined to be ineligible, the household will be placed on a waiting
list of applicants. No applicant has a right or entitlement to be listed on the waiting list, or to any
particular position on the waiting list.
Waitlist applicants will receive instant confirmation of receipt of preliminary application when all
required information is completed. Once the preliminary application has been accepted, a receipt
will be displayed. Preliminary wait list status can be checked on waitlistcheck.com using the
account created during the preliminary application process. The status will show ‘Pending’ until
the City has assessed initial eligibility. Initial eligibility will be assessed within 30 days of the pre-
application submission.
Ineligible for Placement on the Waiting List
If the City can determine from the information provided that a household is ineligible, the
household will not be placed on the waiting list. Waitlistcheck.com status will now be
‘Inactive.’
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Eligible for Placement on the Waiting List
If the City can determine from the information provided that a household is initially
eligible, the household will be placed on the waiting list. Waitlistcheck.com status will now
be ‘Active.’
Assistancecheck.com Personal Information Numbers (PINs) will be issued for accepted
preliminary applicants. Assistancecheck.com can be used to update household information.
Reasonable accommodation requests regarding assistance can be made to the City.
PART II: MANAGING THE WAITING LIST
4-II.A. Overview
This part describes the policies regarding various aspects of organizing and managing the waiting
list of applicant households. This includes opening the list to new applicants, closing the list to
new applicants, notifying the public of waiting list openings and closings, updating waiting list
information, purging the list of households that are no longer interested in or eligible for assistance,
as well as conducting outreach to ensure a sufficient number of applicants.
4-II.B. Organization of the Waiting List
The City’s waiting list must be organized in such manner to allow the City to accurately identify
and select families for assistance in the proper order, according to the admissions policies
described in this plan.
The waiting list must contain the following information for each applicant listed:
• Applicant name
• Names of other household members
• Date of birth
• Address
• Date and time of application
• Monthly rent, income, and asset totals
4-II.C. Opening and Closing of the Waiting List
The City will open the waiting list at a predetermined date that will be publicized in advance.
4-II.D. Maintaining the Waiting List
Removal from the Waiting List
If at any time an applicant is on the waiting list and the City determines that the household is not
eligible for assistance (see Chapter 3), the applicant will be removed from the waiting list.
If an applicant is removed from the waiting list because the City has determined the applicant is
not eligible for assistance, a written notice will be sent to the applicant’s address of record. The
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notice will state the reasons the household was removed from the waiting list and will inform the
applicant how to request an informal review regarding the City’s decision.
City will remove names of applicants:
• That do not respond to a written request for information or updates within the notified
timeframe; or
• If correspondence to the applicant if returned by the United States Postal Service for any
reason; or
In these instances, the City is not required to make any further effort to contact the applicant. An
informal review is not required to be offered.
The City may remove the names of applicants that have become a participant in any other City’s
housing programs.
PART III: SELECTION FOR APPLICATION REVIEW AND PARTICIPATION
4-III.A. Overview
Applicants on the waiting list must be selected for eligibility review in accordance with the policies
described in this part and the City will maintain a clear record of all information required to verify
that the applicant is selected from the waiting list in accordance with the policies in this part.
4-III.B. Selection and Qualification
The City will select applicants on the waitlist for eligibility review by rolling lottery cycle. The
steps for the selection cycle are:
1. Process all preliminary applications submitted since the last cycle so all qualified
applications are accepted and on the waiting list.
2. Randomly assign lottery numbers to all ‘Active’ applications.
3. Notify the top # of applicants they have been selected for further processing and inform
applicants of the requirement to complete a full application. # selected will be adjusted as
the pilot proceeds based on how many can be processed per cycle.
4. Submitted applications will be checked for completion, additional required documents and
information will be requested if needed.
5. Once the deadline is reached applications will be processed in lottery order.
6. Applicants that are determined to be eligible will be considered qualified and their
assistance will be calculated according to Chapter 6. Applicants that are not qualified or
are not calculated to need assistance will be notified and removed from the waiting list.
7. Eligible applicants will be served in order so long as capacity exists in the program budget.
If there is not enough capacity in the program budget the eligible applicants will wait in
the order in which they were determined to be qualified.
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4-III.C. Notification of the Selection
The City will notify applicants when selected from the waiting list for eligibility review.
Applicants must complete an application and provide all required documentation by the date
specified, or the participant will be removed from the waiting list. At the midway point between
the mailing date and application submittal deadline, reminder postcards will be sent and phone
calls to the applicants will be attempted. After these documented attempts to notify the participant
without response, the participant will be removed from the wait list.
4-III.D. The Application Interview
Households selected from the waiting list may be required to participate in an eligibility interview.
All adult household members are required to attend the interview together. Other household
members may be required to attend the interview if it is necessary to make an eligibility
determination.
The adult household members must provide acceptable documentation of legal identity. (Chapter
7 provides a discussion of proper documentation of legal identity). The participant must provide
the information necessary to establish the participant’s eligibility and determine the appropriate
level of assistance, as well as completing required forms, providing required signatures, and
submitting required documentation. If any materials are missing, the City will provide the
participant with a written list of items that must be submitted.
Any required documents or information that the household is unable to provide at the interview
must be provided within ten business days of the interview (Chapter 7 provides details about longer
submission deadlines for particular items, including documentation of eligible noncitizen status).
If the household is unable to obtain the information or materials within the required time frame,
an extension may be granted depending upon the circumstances. If the required documents and
information are not provided within the required time frame (plus any extensions), the household
will be sent a notice of denial (See Chapter 3).
If the participant is unable to attend a scheduled interview, the participant should contact the City
in advance of the interview to reschedule a new appointment. Applicants who fail to attend the
scheduled interview without City approval will be denied assistance based on the participant’s
failure to supply information needed to determine eligibility. A notice of denial will be issued in
accordance with policies contained in Chapter 3.
4-III.E. Completing the Application Process
If the City determines that the household is ineligible, the City will send written notification of the
ineligibility determination within 10 business days of the determination. The notice will specify
the reasons for ineligibility and will inform the household of its right to request an informal review.
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CHAPTER 5: BRIEFINGS AND ASSISTANCE
5-I.A. Participant Obligations
Obligations of the participant are described in this chapter. These obligations include
responsibilities the participant is required to satisfy, as well as prohibited actions. The City must
inform participants of these obligations during the oral briefing, and the same information must be
included in the briefing packet. When the participant is approved for the program and the contract
is executed, the participant must meet those obligations to continue participating in the program.
What Does the Participant Do?
The POD participant has the following responsibilities:
• Provide the City with complete and accurate information as determined by the City to be
necessary for administration of the program
• Attend all appointments scheduled by the City
• Maintain residency in the enrollment apartment, including complying with the terms of the
lease
Time Frames for Reporting Changes Required By Participant Obligations
Unless otherwise noted below, when participant obligations require the participant to respond to a
City request for information or notify the City of a change in circumstances, responding to the City
request or notifying the City of a change in circumstances within 30 days is considered prompt.
When a participant is required to provide notice to the City, the notice must be in writing.
Participant Obligations
The participant obligations of the assistance are listed as follows:
1. The participant must supply any information requested by the City for use in a scheduled
reexamination or of participant income and household composition.
2. The participant must disclose and verify social security numbers and sign and submit consent
forms to obtain relevant information.
3. Any information supplied by the participant must be accurate and complete.
4. The participant must notify the City and the owner before moving out of the residence or
terminating the lease or rental agreement. The participant must provide written notice to the
City at the same time the owner is notified, but no less than 15 days.
5. The participant must promptly give the City a copy of any owner eviction notice within 10
business days.
6. The participant must occupy the apartment as their sole and primary residence.
7. The participant must inform City when adding another person to the apartment. The request to
add a participant member must be submitted in writing.
8. The participant must promptly notify the City in writing if any participant member no longer
lives in the residence.
9. The participant must not sublease or sublet the residence. Subleasing includes receiving
payment to cover rent and utility costs by a person living in the residence who is not listed as
a household member.
10. The participant must not assign the lease or transfer the unit.
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11. The participant must supply any information or certification requested by the City to verify
that the participant is living in the residence, or related to participant absence from the
residence, including any City-requested information or certification for the purposes of
participant absences. The participant must cooperate with the City for this purpose. The
participant must provide prompt and advance notice to the City of absences from the residence
of more than 30 days.
12. The participant must not own or have any interest in the residence.
13. Participant members must not commit fraud, bribery, or any other corrupt or criminal act in
connection with the program.
14. An assisted participant or member of the participant household must not receive program
assistance while receiving a housing subsidy under any other federal, state or local housing
assistance program.
15. A participant must not receive program assistance while residing in a apartment owned by a
parent, child, grandparent, grandchild, sister or brother of any member of the participant
household, unless the City has provided a reasonable accommodation for a participant who is
a person with disabilities.
16. The participant must notify City within 30 days in writing of any increases in household
income or assets.
17. The participant agrees not to pay the owner/landlord any additional compensation (either
monetary or other) other than that which is approved by the lease or approved by the City.
18. The participant must not engage in or threaten abusive or violent behavior towards any City
employee or representative.
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CHAPTER 6: POD ASSISTANCE DETERMINATIONS
Introduction
A household’s income and rent determine is used to calculate the amount of POD cash-based
assistance. The City will use the policies and methods described in this chapter to ensure that only
eligible households receive assistance. This chapter describes City policies related to:
• Part I: Annual Income. Definition of annual income and sources of income. These
requirements and City policies for calculating annual income are found in Part I.
• Part II: Basic Needs Budget. Definition of Basic Needs Budget, based on the UCLA Elder
Index.
• Part III: After Rent Income and Calculating the Cash-Based Assistance. This part
describes the formula for calculating cash-based assistance.
PART I: ANNUAL INCOME
6-I.A. Overview
(a) Annual income means all amounts, monetary or not, which:
(1) Go to, or on behalf of, the participant head or spouse (even if temporarily absent) or to any
other participant member; or
(2) Are anticipated to be received from a source outside the participant during the 12-month period
following admission or annual reexamination effective date; and
(3) Annual income also means amounts derived (during the 12-month period) from assets to which
any member of the participant has access.
6-I.B. Household Composition and Income
Income received by all household members must be counted unless specifically excluded. It is the
responsibility of the head of household to report changes in household composition.
Household
member type
Counts toward
household size
Part of assistance
calculation
Participant Yes (up to 2) Income and assets
are counted
Other member No Income and assets
are counted
Roommate No
Rent contribution is
subtracted from
household rent
Live in aide No No
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6-I.C. ANTICIPATING ANNUAL INCOME
The City will count all income “anticipated to be received from a source outside the participant
during the 12-month period following admission or annual reexamination effective date. Policies
related to anticipating annual income are provided below.
Basis of Annual Income Projection
The City will use current circumstances to determine anticipated income for the coming 12-month
period. The City will use other than current circumstances to anticipate income when:
• An imminent change in circumstances is expected
• It is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic
income)
• The City believes that past income is the best available indicator of expected future income.
The City will use participant provided documentation or request that participant request
information from a third party or city will request documentation form a third party.
Changes in Income
Any time current circumstances are not used to project annual income, a clear rationale for the
decision will be documented in the file. In all such cases the participant may present information
and documentation to the City to show why the historic pattern does not represent the participant’s
anticipated income.
Known Changes in Income
If the City verifies an upcoming increase or decrease in income, annual income will be calculated
by applying each income amount to the appropriate part of the 12-month period.
Example: An employer reports that a full-time employee who has been receiving $8/hour will
begin to receive $8.25/hour in the eighth week after the effective date. In such a case the City
would calculate annual income as follows: ($8/hour × 40 hours × 7 weeks) + ($8.25 × 40 hours ×
45 weeks).
When tenant-provided third-party documents are used to anticipate annual income, they will be
dated within the last 90 days.
6-I.D. Earned Income
The full amount, before any payroll deductions, of wages and salaries, overtime pay,
commissions, fees, tips and bonuses, and other compensation for personal services is included in
earned income. For persons who regularly receive bonuses or commissions, the City will verify
and then average amounts received for the two years preceding admission or reexamination.
6-I.E. Business Income
Annual income includes the net income from the operation of a business or profession. Schedule
C of the IRS reporting will be used to determine business income. Expenditures for business
expansion or amortization of capital indebtedness shall not be used as deductions in determining
net income. An allowance for depreciation of assets used in a business or profession may be
deducted, based on straight-line depreciation, as provided in Internal Revenue Service
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regulations. Any withdrawal of cash or assets from the operation of a business or profession will
be included in income, except to the extent the withdrawal is reimbursement of cash or assets
invested in the operation by the participant.
Withdrawal of Cash or Assets from a Business
Annual income will include the withdrawal of cash or assets from the operation of a business or
profession unless the withdrawal reimburses a participant member for cash or assets invested in
the business by the participant.
Co-owned Businesses
If a business is co-owned with someone outside the participant, the participant must document the
share of the business it owns. If the participant’s share of the income is lower than its share of
ownership, the participant must document the reasons for the difference. Business income is
calculated based on the participant’s documented proportional share of the business assets and
income.
6-I.F. Assets
Overview
Assets are defined as stock, interest, dividends, and other net income of any kind from real or
personal property. This section discusses how assets are counted for POD. For most types of assets,
the City must determine the value of the asset in order to compute income from the asset.
Therefore, for each asset type, this section discusses:
• How the value of the asset will be determined
• How income from the asset will be calculated
General Policies
Income from Assets
The City will use current circumstances to determine both the value of an asset and the anticipated
income from the asset. The City will use other current circumstances to anticipate income when
(1) an imminent change in circumstances is expected (2) it is not feasible to anticipate a level of
income over 12 months or (3) the City believes that past income is the best indicator of anticipated
income.
Anytime current circumstances are not used to determine asset income, a clear rationale for the
decision will be documented in the file. In such cases the participant may present information and
documentation to the City to show why the asset income determination does not represent the
participant’s anticipated asset income.
Valuing Assets
The calculation of asset income sometimes requires the City to make a distinction between an
asset’s market value and its cash value.
• The market value of an asset is its worth in the market (e.g., the amount a buyer would pay for
real estate or the total value of an investment account).
• The cash value of an asset is its market value
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Lump-Sum Receipts
Payments that are received in a single lump sum, such as inheritances, capital gains, lottery
winnings, insurance settlements, and proceeds from the sale of property, are generally considered
assets, not income. However, such lump-sum receipts are counted as assets only if they are retained
by a participant in a form recognizable as an asset (e.g., deposited in a savings or checking
account). (For a discussion of lump-sum payments that represent the delayed start of a periodic
payment, most of which are counted as income.)
Imputing Income from Assets
When the participant has net assets in excess of $5,000, the City will include in annual income the
greater of (1) the actual income derived from the assets or (2) the imputed income. Imputed income
from assets is the total cash value of all participant assets multiplied by ten percent (10%).
Determining Actual Anticipated Income from Assets
It may or may not be necessary for the City to use the value of an asset to compute the actual
anticipated income from the asset. When the value is required to compute the anticipated income
from an asset, the market value of the asset is used. For example, if the asset is a property for which
a participant receives rental income, the anticipated income is determined by annualizing the actual
monthly rental amount received for the property; it is not based on the property’s market value.
However, if the asset is a savings account, the imputed income is determined by multiplying the
market value of the account by ten percent (10%).
Withdrawal of Cash or Liquidation of Investments
Any withdrawal of cash or assets from an investment by the participant will be included in income.
Jointly Owned Assets
Annual income includes “amounts derived (during the 12-month period) from assets to which any
member of the participant has access.”
If an asset is owned by more than one person and any participant member has unrestricted access
to the asset, the City will count the full value of the asset. A participant member has unrestricted
access to an asset when he or she can legally dispose of the asset without the consent of any of
other owners.
If an asset is owned by more than one person, including a participant member, but the participant
member does not have unrestricted access to the asset, the City will prorate the asset according to
the percentage of ownership. If no percentage is specified or provided for by state or local law, the
City will prorate the asset evenly among all owners.
Foreclosure or Bankruptcy
Assets are not considered disposed of for less than fair market value when the disposition is the
result of a foreclosure or bankruptcy sale.
Participant Declaration
Participants must sign a declaration form at initial certification and each annual recertification
identifying all assets that have been disposed of for less than fair market value or declaring that no
assets have been disposed of for less than fair market value. The City may verify the value of the
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assets disposed of if other information is available to the City does not appear to agree with the
information reported by the participant.
Types of Assets
Checking and Savings Accounts
The City will determine the cash value of checking and savings accounts as follows:
• The value of a checking account will be based on the average monthly balance for the last
three months unless the financial institution provides a six-month average balance.
• The value of a savings account will be based on the current balance.
• The imputed income from an interest-bearing checking or savings account will be based
on multiplying the cash value of the account by ten percent (10%).
Investment Accounts Such as Stocks, Bonds, Saving Certificates, and Money Market Funds
In determining the market value of an investment account, the City will use the value of the account
on the most recent investment report. Interest or dividends earned by investment accounts are
counted as actual income from assets even when the earnings are reinvested. The cash value of
such an asset is determined by deducting from the market value any broker fees, penalties for early
withdrawal, or other costs of converting the asset to cash. Imputed income from investment
accounts will be calculated by multiplying the market value asset by ten percent (10%).
Equity in Real Property or Other Capital Investments
Equity (cash value) in a property or other capital asset is the estimated current market value of the
asset less the unpaid balance on all loans secured by the asset and reasonable costs (such as broker
fees) that would be incurred in selling the asset. In determining the equity, the City will determine
market value by examining recent sales of at least three properties in the surrounding or similar
neighborhood that possess comparable factors that affect market value.
The City will first use the payoff amount for the loan (mortgage) as the unpaid balance to calculate
equity. If the payoff amount is not available, the City will use the basic loan balance information
to deduct from the market value in the equity calculation. Equity in real property and other capital
investments is considered in the calculation of asset income.
A participant may have real property as an asset in two ways: (1) owning the property itself and
(2) holding a mortgage or deed of trust on the property. In the case of a property owned by a
participant member, the anticipated asset income generally will be in the form of rent or other
payment for the use of the property. If the property generates no income, actual anticipated income
from the asset will be zero.
In the case of a mortgage or deed of trust held by a participant member, the outstanding balance
(unpaid principal) is the cash value of the asset. The interest portion only of payments made to the
participant in accordance with the terms of the mortgage or deed of trust is counted as anticipated
asset income.
In the case of capital investments owned jointly with others not living in a participant’s unit, a
prorated share of the property’s cash value will be counted as an asset unless the City determines
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that the participant receives no income from the property and is unable to sell or otherwise convert
the asset to cash.
Trusts
A trust is a legal arrangement generally regulated by state law in which one party (the creator or
grantor) transfers property to a second party (the trustee) who holds the property for the benefit of
one or more third parties (the beneficiaries).
Revocable Trusts
If any member of a participant has the right to withdraw the funds in a trust, the value of the trust
is considered an asset . Any income earned as a result of investment of trust funds is counted as
actual asset income, whether the income is paid to the participant or deposited in the trust.
Nonrevocable Trusts
In cases where a trust is not revocable by, or under the control of, any member of a participant, the
value of the trust fund is not considered an asset. However, any income distributed to the
participant from such a trust is counted as a periodic payment or a lump-sum receipt, as appropriate
Retirement Accounts
Company Retirement/Pension Accounts
In order to correctly include or exclude as an asset any amount held in a company retirement or
pension account by an employed person, the City must know whether the money is accessible
before retirement. While a participant member is employed, only the amount the participant
member can withdraw without retiring or terminating employment is counted as an asset. After a
participant member retires or terminates employment, any amount distributed to the participant
member is counted as a periodic payment or a lump-sum receipt, as appropriate except to the extent
that it represents funds invested in the account by the participant member. The balance in the
account is counted as an asset only if it remains accessible to the participant member.
IRA, Keogh, and Similar Retirement Savings Accounts
IRA, Keogh, and similar retirement savings accounts are counted as assets even though early
withdrawal would result in a penalty.
Personal Property
Personal property held as an investment, such as gems, jewelry, coin collections, antique/classic
cars, luxury vehicles valued at $5,000.00 or higher, etc., is considered an asset.
In determining the value of personal property held as an investment, the City will use the
participant’s estimate of the value. The City may use other general practice methods to confirm
the value of the asset if there is reason to believe that the participant’s estimated value is off by
$100 or more. In the event it is necessary to establish the value of personal property held for
investment the participant must cooperate with the appraiser but cannot be charged any costs
related to the appraisal.
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Generally, personal property held as an investment generates no income until it is disposed of. If
regular income is generated (e.g., income from renting the personal property), the amount that is
expected to be earned in the coming year is counted as actual income from the asset.
Necessary items of personal property are not considered assets.
Necessary personal property consists of only those items not held as an investment, and may
include clothing, furniture, household furnishings, jewelry, and vehicles other than antique/classic
and luxury vehicles as described above, including those specially equipped for persons with
disabilities.
Life Insurance
The cash value of a life insurance policy available to a participant member before death, such as a
whole life or universal life policy is included in the calculation of the value of the participant’s
assets. The cash value is the surrender value. If such a policy earns dividends or interest that the
participant could elect to receive, the anticipated amount of dividends or interest is counted as
income from the asset whether or not the participant actually receives it.
Annuities
An “annuity” is a contract between a person and a life insurance company. An annuity accumulates
and invests money and pays it out as income over time. An annuity may have a cash value
countable as an asset or is providing income. An annuity may be either an asset or it may be
providing income but an annuity is never both income and an asset at the same time.
Annuities have two distinct phases: the first is the accumulation phase (money is deposited in a
lump sum or contributed over time in regular installments and grows through investment) and the
second phase is the payout (or “annuitization”) period during which regular payments are made to
the owner of the annuity usually for a specified period of time or the life of the annuity’s owner,
whichever is longer. Once the contract is “annuitized,” and payments begin, it no longer has a
“cash value” and it cannot (under any circumstance) be “cashed in.” Payments are usually monthly,
but they can also be quarterly or annual.
6-I.H. PERIODIC PAYMENTS
Periodic payments are forms of income received on a regular basis.
Periodic Payments Included in Annual Income
• Periodic payments from sources such as social security, unemployment and welfare assistance,
annuities, insurance policies, retirement funds, and pensions.
• Disability or death benefits and lottery receipts paid periodically, rather than in a single lump
sum.
Lump-Sum Payments for the Delayed Start of a Periodic Payment
Most lump sums received as a result of delays in processing periodic payments, such as
unemployment or welfare assistance, are counted as income. However, lump-sum receipts for the
delayed start of periodic social security or supplemental security income (SSI) payments are not
counted as income. Additionally, any deferred disability benefits that are received in a lump-sum
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or in prospective monthly amounts from the Department of Veterans Affairs are to be excluded
from annual income.
DISTRIBUTIONS FROM IRREVOCABLE TRUSTS WHEN PRINCIPAL CONSISTS OF
LUMP-SUMS EXCLUDED FROM INCOME
Periodic payments in the form of distributions to a participant are not counted in annual income
when those distributions are from the principal of an irrevocable trust (such as a special needs
trust) and when the principal consists of lump-sum additions to participant assets excluded from
annual income. Any interest accruing from such lump-sum additions are included in annual
income.
Periodic Payments Excluded from Annual Income
Payments received for the care of foster children or foster adults (usually persons with disabilities,
unrelated to the assisted participant, who are unable to live alone). Kinship guardianship assistance
payments (Kin-Gap) and other similar guardianship payments are treated the same as foster care
payments and are likewise excluded from annual income. The City will exclude payments for the
care of foster children and foster adults only if the care is provided through an official arrangement
with a local welfare agency.
• Amounts paid by a state agency to a participant with a member who has a developmental
disability and is living at home to offset the cost of services and equipment needed to keep the
developmentally disabled participant member at home
• Amounts received under the Low-Income Home Energy Assistance Program (42 U.S.C.
1626(c))
• Amounts received under the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858q)
• Earned Income Tax Credit (EITC) refund payments (26 U.S.C. 32(j)). Note: EITC may be paid
periodically if the participant elects to receive the amount due as part of payroll payments from
an employer.
• Lump sums received as a result of delays in processing Social Security and SSI payments (see
section 6-I.J.).
• Lump sums or prospective monthly amounts received as deferred disability benefits from the
Department of Veterans Affairs.
6-I.I. Payments in Lieu of Earnings
Payments in lieu of earnings, such as unemployment and disability compensation, worker’s
compensation, and severance pay, are counted as income if they are received either in the form of
periodic payments or in the form of a lump-sum amount or prospective monthly amounts for the
delayed start of a periodic payment. If they are received in a one-time lump sum (as a settlement,
for instance), they are treated as lump-sum receipts.
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6-I.J. Welfare Assistance
Overview
Welfare assistance is counted in annual income. Welfare assistance includes Temporary
Assistance for Needy Families (TANF) and any payments to individuals or families based on need
that are made under programs funded separately or jointly by federal, state, or local governments.
Alimony and Child Support
The City must count alimony or child support amounts awarded as part of a divorce or separation
agreement. The City will count court-awarded amounts for alimony and child support unless the
City verifies that: (1) the payments are not being made, and (2) the participant has made reasonable
efforts to collect amounts due, including filing with courts or agencies responsible for enforcing
payments. Families who do not have court-awarded alimony and child support awards are not
required to seek a court award and are not required to take independent legal action to obtain
collection.
Regular Contributions or Gifts
The City must count as income regular monetary and nonmonetary contributions or gifts from
persons not residing with an assisted participant. Temporary, nonrecurring, or sporadic income
and gifts are not counted.
Any contribution or gift received more than three times per year will be considered a “regular”
contribution or gift, unless the amount is less than $100 per occurrence. This includes rent and
utility payments made on behalf of the participant and other cash or non-cash contributions
provided on a regular basis.
PART II: BASIC NEEDS BUDGET
6-II.A. UCLA Elder Index and POD Basic Needs Budget
The Elder Economic Security Standard™ Index (EI) was developed by the UCLA Center for
Health Policy Research and is the basis of the City’s POD Basic Needs Budget (BNB). The Basic
Needs Budget Method is based on a modified-for-Santa Monica version of the 2015 UCLA Elder
Index, which aims to equalize the remaining amount of income each household retains after paying
rent.
Specifically, the City uses the expenses in the Elder Index other than the line item for ‘housing
costs’, which includes rent and utilities. The amount of rent paid by participants in the POD
program is known, therefore, the City of Santa Monica uses the ‘after rent’ expenses from the
Elder Index to develop the Basic Needs Budget. The POD program After-Rent BNB is developed
by excluding the housing cost expense, adding in a utility expense (based on information derived
from the Housing Authority’s Section 8 voucher program), and adjusting the transportation
expense to reflect the cost of a senior monthly bus pass (Big Blue Bus EZ Transit Pass - Zone 1).
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POD PILOT 2 AFTER-RENT BASIC NEEDS BUDGET
Expense PILOT 2
1-person HH 2-person HH
Food $269 $499
Healthcare $162 $324
Transportation $52 $103
Utilities $44 $63
Miscellaneous $220 $317
Total Monthly POD After-Rent Basic
Needs Budget $747 $1,306
Maximum Pilot 2 Assistance: $700 $1,225
PART III: After Rent Basic Needs Budget and Calculating the Cash-Based Assistance
6-II.B. After-Rent Basic Need Budget and Maximum Assistance
The table above shows both the After-Rent BNB and the maximum amount of assistance provided
to participants in the POD program.
Cash-Based Assistance Formula
The formula for the amount of cash-based assistance provided to a household is calculated as
follows (with adjustments for household size):
• Total Monthly Income Minus Monthly Rent = Monthly After-Rent Income
• Monthly After-Rent Basic Needs Budget (not to exceed $700 for a 1-person household
or $1,225 for a 2-person household) Minus Monthly After-Rent Income = Monthly Cash-
Based Assistance
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CHAPTER 7: VERIFICATION
Introduction
The City must verify all information that is used to establish the household’s eligibility and level
of assistance and requires written authorization from the household to collect information
necessary to determine eligibility. Applicants and program participants must cooperate with the
verification process as a condition of receiving assistance.
Part I describes the general verification process. Part II provides more detailed requirements All
information obtained through the verification process will be handled in accordance with the
records management policies of the City.
PART I: GENERAL VERIFICATION REQUIREMENTS
7-I.A. Participant Consent to Release of Information
The participant must supply any information that the City determines is necessary to the
administration of the program and must consent to City verification of that information.
Consent Forms
All adult applicants and participants are required to sign the form(s)‘POD Consent to Release
Information’ and ‘POD request to obtain information’.
Penalties for Failing to Consent
If any household member who is required to sign a consent form fails to do so, the City will deny
admission to applicants and terminate assistance of participants. The household may request an
informal review (applicants) or informal hearing (participants) in accordance with City procedures.
7-I.B. Overview of Verification Requirements
Verification Hierarchy
Requirements for Acceptable Documents
Any documents used for verification must generally be dated within 90 days of the City request.
The documents must not be damaged, altered or in any way illegible. If the applicant initially
supplies the City with copies, the City reserves the right to ask for the original document copies.
Print-outs and PDFs from Web pages are considered original documents. Thy staff member who
views the original document must scan the document into the City secure records retention system.
Any participant self-certifications must be made in a format acceptable to the City and must be
signed in the presence of a City representative or a notary public.
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File Documentation
The City must document in the file how the figures used in income and rent calculations were
determined. All verification attempts, information obtained, and decisions reached during the
verification process will be recorded in the participant’s file in sufficient detail to demonstrate that
the City has followed all of the verification policies set forth in this plan. The record should be
sufficient to enable a staff member or auditor to understand the process followed and conclusions
reached.
The City will document, in the participant file, the following:
Reported participant annual income
Value of assets
When the City is unable to obtain third- party verification, the City will document in the participant
file the reason that third-party verification was not obtained.
7-I.C. Self-certification
Self-certification, or “tenant declaration,” is used as a last resort when the City is unable to obtain
third-party verification. When information cannot be verified by a third party or by review of
documents, participant members will be required to submit self-certifications attesting to the
accuracy of the information they have provided to the City. The City may require a participant to
certify that they do not receive a particular type of income or benefit. The self-certification must
be made in a format acceptable to the City and must be signed by the participant member whose
information or status is being verified. All self-certifications must be signed in the presence of a
City representative.
PART II: VERIFYING PARTICIPANT INFORMATION
7-II.A. Verification of Legal Identity
The City will require families to furnish verification of legal identity for each household member.
Verification of Legal Identity for Adults Verification of Legal Identity for
Children
Certificate of birth, naturalization papers
Church issued baptismal certificate
Current, valid driver's license or
Department of Motor Vehicles
identification card
U.S. military discharge (DD 214)
Current U.S. passport
Current employer identification card,
Social Security card, employment photo ID
Certificate of birth
Adoption papers
Custody agreement
Health and Human Services ID
Certified school records
Baptismal records
If a document submitted by a participant is illegible for any reason or otherwise questionable, more
than one of these documents may be required.
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If none of these documents can be provided and at the City’s discretion, a third party who knows
the person may attest to the person’s identity. The certification must be provided in a format
acceptable to the City and be signed in the presence of a City representative.
Legal identity will be verified for all applicants at the time of eligibility determination and in cases
where the City has reason to doubt the identity of a person representing him or herself to be a
participant.
7-II.B. Social Security Numbers
The participant must provide documentation of their valid social security number (SSN).
The City will accept the following documentation as acceptable evidence of the social security
number:
An original SSN card issued by the Social Security Administration (SSA)
An original SSA-issued document, which contains the name and SSN of the individual
An original document issued by a federal, state, or local government agency, which
contains the name and SSN of the individual
Two years of 1099 IRS forms or income tax returns
The City may only reject documentation of an SSN provided by an applicant or participant if the
document is not an original document or if the original document has been altered, mutilated, is
illegible, or appears to be forged. The City will explain to the applicant or participant the reasons
the document is not acceptable and request that the individual obtain and submit acceptable
documentation of the SSN to the City within 90 days.
When a participant requests to add a new household member who is at least 6 years of age, or who
is under the age of 6 and has an SSN, the participant must provide the complete and accurate SSN
assigned to each new member at the time of reexamination or recertification, in addition to the
documentation required to verify it. The City may not add the new household member until such
documentation is provided.
For every participant member age 6 or older, the participant must provide documentation of a valid
social security number (SSN). If the participant reports an SSN but cannot provide acceptable
documentation of the number the participant cannot be provided assistance from POD until proper
documentation of the SSN is provided. The City will instruct the participant to obtain a duplicate
card from the local Social Security Administration (SSA) office.
Social security numbers must be verified only once during continuously-assisted occupancy.
7-II.C. Documentation of Age
A birth certificate or other official record of birth is the preferred form of age verification. For
elderly participant members an original document that provides evidence of the receipt of social
security retirement benefits is acceptable.
7-4
If an official record of birth or evidence of social security retirement benefits cannot be provided,
the City will require the participant to submit other documents that support the reported age of the
participant member (e.g., school records, driver's license if birth year is recorded) and to provide
a self-certification.
Age must be verified only once during continuously-assisted occupancy.
7-II.D. Participants Relationships
Applicants and program participants are required to identify the relationship of household
members to the participant.
Participant relationships are verified only to the extent necessary to determine a participant’s
eligibility and level of assistance.
7-5
PART III: VERIFYING INCOME AND ASSETS
Chapter 6, Part I of this plan describes in detail the types of income that are included and excluded
and how assets and income from assets are handled. Any assets and income reported by the
participant must be verified. This part provides City policies that supplement the general
verification procedures specified in Part I of this chapter.
7-III.A. Earned Income
As verification of earned income, the City will require the three most current consecutive pay stubs
dated within 90-day period prior to the City’s request. In the event that 3 consecutive pay stubs
dated within the 90-day period are unavailable as a result of the employer’s payroll schedule (i.e.
the employer pays on a monthly basis), City will utilize all available pay stubs dated within the
90-day period plus any additional pay stubs up to 90 days old to provide a total of 3 consecutive
pay stubs.
Wages
For wages other than tips, the participant must provide originals of the three most current,
consecutive pay stubs.
Tips
Unless tip income is included in a participant member’s W-2 by the employer, persons who work
in industries where tips are standard will be required to sign a certified estimate of tips received
for the prior year and tips anticipated to be received in the coming year.
7-III.B. Business and Self-Employment Income
Business owners and self-employed persons will be required to provide:
• An audited financial statement for the previous fiscal year if an audit was conducted. If an
audit was not conducted, a statement of income and expenses must be submitted and the
business owner or self-employed person must certify to its accuracy.
• All schedules completed for filing federal and local taxes in the preceding year.
• If accelerated depreciation was used on the tax return or financial statement, an accountant's
calculation of depreciation expense, computed using straight-line depreciation rules.
The City will provide a format for any person who is unable to provide such a statement to record
income and expenses for the coming year. The business owner/self-employed person will be
required to submit the information requested and to certify to its accuracy.
The City may request documents that support submitted financial statements such as manifests,
appointment books, cash books, or bank statements.
If a participant has been self-employed less than three (3) months, the City will accept the
participant's certified estimate of income. If the participant member has been self-employed for
three (3) to twelve (12) months the City will require the participant to provide documentation of
income and expenses for this period and use that information to project income.
7-6
7-III.C. Periodic Payments and Payments in Lieu of Earnings
Social Security/SSI Benefits
To verify the SS/SSI benefits of applicants, the City will request a current (dated within the last
90 days) SSA benefit verification letter from participant that receives Social Security benefits. If
the participant is unable to provide the document(s), the City will help the applicant request a
benefit verification letter from SSA’s Web site at www.ssa.gov or ask the participant to request
one by calling SSA at 1-800-722-1213. Once the applicant has received the benefit verification
letter they will be required to provide it to the City.
To verify the SS/SSI benefits of participants, the City will obtain information about social
security/SSI benefits and confirm with the participant(s) that the current listed benefit amount is
correct. If the participant disputes the benefit amount, or if benefit information is not available, the
City will request a current SSA benefit verification letter from participant that receives Social
Security benefits. If the participant is unable to provide the document(s) the City will help the
participant request a benefit verification letter from SSA’s Web site at www.ssa,.gov or ask the
participant to request one by calling SSA at 1-800-772-1213. Once the participant has received the
benefit verification letter they will be required to provide it to the City.
7-III.D. Alimony or Child Support
The methods the City will use to verify alimony and child support payments differ depending on
whether the participant declares that it receives regular payments.
If the participant declares that it receives regular payments, verification will be obtained
in the following order of priority.
Copies of the receipts and/or payment stubs for the 60 days prior to City request
Third-party verification form from the state or local child support enforcement
agency
Third-party verification form from the person paying the support
Participant's self-certification of amount received.
If the participant declares that it receives irregular or no payments, in addition to the
verification process listed above, the participant must provide evidence that it has taken all
reasonable efforts to collect amounts due. This may include:
A statement from any agency responsible for enforcing payment that shows the
participant has requested enforcement and is cooperating with all enforcement
efforts
If the participant has made independent efforts at collection, a written statement
from the attorney or other collection entity that has assisted the participant in these
efforts
Note: Families are not required to undertake independent enforcement action.
7-III.E. ASSETS AND INCOME FROM ASSETS
The POD program provides household subsidies to long-term Santa Monica residents living in
rent-controlled apartments. The program’s goal is to stem displacement of extremely low- and
very-low senior renters from the apartments they have lived in for decades. Generally, POD
subsidies are not available to program participants when they end their tenancy in the rent-
controlled unit that they resided in upon enrollment in the POD program.
8-1
CHAPTER 8: ALLOWABLE MOVES
8-I.A. Allowable Moves
Move requests from POD participants will be considered by City if the following conditions are
satisfied:
• If a reasonable accommodation request accompanies the move request.
Approval
Upon receipt of a participant’s move request, the City will determine whether the move is
approved. The City will notify the participant in writing of its determination within 15 business
days following receipt of the move request.
8-I.B. Moving Process
Notification
If a participant wishes to move the participant must provide a written notice to the CITY and the
owner 30 days prior to moving and/or terminating the lease on notice to the owner. The participant
has a right to terminate the lease on notice to the owner (for the owner’s breach or otherwise). If
the participant terminates the lease on notice to the owner, the participant must give the CITY a
copy of the notice at the same time.
If the owner has given the participant a notice to vacate, has commenced an action to evict the
participant, or has obtained a court judgment or other process allowing the owner to evict the
participant, the participant must immediately give the CITY a copy of any owner eviction notice.
POD participants who do not provide CITY with the required notification shall be required to
repay the City of Santa Monica for overpayment of the POD assistance.
9-1
CHAPTER 9: REEXAMINATIONS
Introduction
The City will reexamine income and composition at least every five years, and to adjust the
participant’s level of assistance accordingly. This chapter discusses reexaminations, and the
recalculation of assistance that occurs as a result. City policies concerning reexaminations are
presented in three parts:
Part I: 5-Year Reexaminations. This part discusses the process for conducting
reexaminations.
Part II: Interim Reexaminations. This part details the requirements for participants to report
changes in income and composition.
Part III: Recalculating Assistance Amount. This part discusses the recalculation of
assistance amounts based on the results of triennial reexaminations.
PART I: 5-YEAR REEXAMINATIONS
9-I.A. Overview
The City will conduct a reexamination of income and household composition at least every five
years. Based on updated information, the program assistance may be recalculated. This part
discusses the schedule for reexaminations, the information to be collected and verified, and
reexamination effective dates.
9-I. B. Effective Dates
This section establishes policies concerning the effective date of changes that result from the
reexamination.
In general, an adjustment in the program assistance that results from the reexamination will take
effect on the participant’s anniversary date, and the participant will be notified in advance.
If there has been a misrepresentation or a material omission by the participant, or if the participant
causes a delay in processing the reexamination, the effective date of the adjustment in may be
adjusted. Delays in reexamination processing are considered to be caused by the participant if the
participant fails to provide information requested by the City by the date specified, and this delay
prevents the City from completing the reexamination as scheduled.
9-2
PART II: INTERIM REEXAMINATIONS
9-II.A. Overview
Participant circumstances may change between reexaminations. This section establishes what
kinds of information about changes in participant circumstances must be reported, and under what
circumstances the City must process interim reexaminations to reflect those changes.
This part includes policies describing what changes participants are required to report, what
changes families report, and how the City will process the reporting participant -initiated interim
reexaminations.
9-II.B. Changes
The participant is required to report all changes in household composition.
The City may conduct interim reexaminations to account for any changes in household
composition that occur between reexaminations.
Participant is required to report significant changes in income, assets and household composition.
“Significant” means an increase/decrease in gross monthly income of more than $200. Participants
are required to report in writing all increases in monthly income greater than $200, new assets, and
any new employment, within 10 business days of the date the change takes effect.
If the City receives a report from the participant that will result in changed income greater/lesser
than $200 per month, or a rent increase greater than $100 per month the City will adjust the
assistance payment. Based on the type of change reported, the City will determine the
documentation the participant will be required to submit. The participant must submit any required
information or documents within 10 business days of receiving a request from the City. This time
frame may be extended for good cause with City approval. The City will accept required
documentation by mail, email, or in person.
9-II.C. Processing the Interim Reexamination
Method of Reporting
If the participant report indicates a change that will result in reduced participant income
greater/lesser than $200 per month, or a rent increase greater than $100 per month The City will
adjust the POD assistance.
Effective Dates
An adjustment to the amount of program assistance may be applied either retroactively or
prospectively, depending on whether the assistance will be increased or a decreased, and whether
the participant reported any required information within the required time frames. Generally, if
the amount of program assistance will decrease and the participant reported a change in
circumstance within the required timeframe, the effective date of the adjustment will be the first
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of the month following 30 days’ notice to the participant. However, if the participant did not report
a change in circumstance within the required timeframe, the adjustment may be applied
retroactively. The participant must notify the City of changes in writing
PART III: RECALCULATING PROGRAM ASSISTANCE AMOUNT
The City may discover that information previously reported by the participant was in error, or that
the participant intentionally misrepresented information. In addition, the City may discover errors
made by the City. When errors resulting in the overpayment or underpayment of program
assistance are discovered, corrections will be made in accordance with the policies.
Error! Unknown switch argument.-1
CHAPTER 10 TERMINATION OF ASSISTANCE AND TENANCY
INTRODUCTION
This chapter specifies grounds for which the CITY can terminate a participant’s assistance. It is
presented in three parts:
Part I: Grounds for Termination of Assistance. This part describes the various
circumstances under which assistance under the program can be terminated by the
participant or by the City.
Part II: Approach to Termination of Assistance. This part describes the policies and the
process that the City will use in evaluating decisions to terminate assistance due to actions
or inactions of the participant. It specifies the alternatives that the City may consider in lieu
of termination, the criteria the City will use when deciding what action to take and the steps
the City must take when terminating a participant’s assistance.
PART 1: GROUNDS FOR TERMINATION OF ASSISTANCE
10-I.A. Overview
The City may terminate assistance for certain actions and inactions of the participant and when the
participant no longer qualifies for assistance due to increases in participant income or assets. In
addition, a participant may decide to withdraw from the POD program and terminate their
assistance at any time by notifying the City.
10-I.B. Participant No Longer Requires Assistance
The participant’s assistance amount is calculated based on income and rent. If due to an income
increase or a rent decrease, the amount of assistance is reduced to $0, the participant's assistance
terminates automatically within 30 days after the last assistance payment.
10-I.C. Participant Chooses to Terminate Assistance
The participant may request that the City terminate the assistance at any time. The request to
terminate assistance shall be made in writing and signed by the participant. The City will terminate
assistance as soon as operationally feasible, but no more than 30 days after receipt of the request.
The City may terminate assistance under a number of other circumstances. as follow:
Failure to Provide Consent
The City must terminate assistance if any household member fails to sign and submit any consent
form they are required to sign.
Failure to Disclose and Document Social Security Numbers
The City must terminate assistance if a participant failed to disclose their complete and accurate
social security numbers.
Error! Unknown switch argument.-2
Eviction
The City will terminate assistance whenever a participant is lawfully evicted from the apartment
they occupied at enrollment. A participant will be considered evicted if the property owner has an
unconditional judgment to evict the participant, and a writ of possession is issued by the court, and
the sheriff posts a notice to vacate and the sheriff physically locks the tenant out or the tenant
moves in response to that notice to vacate. The POD program does not provide subsidies to
participants who have moved due to a lawful eviction.
If a participant moves out after the owner has given the participant an eviction notice for serious
lease violations but before a legal eviction order has been issued, the POD assistance will be
terminated. If the City determines that the participant has been unlawfully evicted, the participant
will be referred to the SMHA to determine eligibility for a Displaced Preference and referral.
Death of the Sole Participant Member
The City must immediately terminate program assistance for participants upon death.
Participant Absence from the Unit
The participant may be absent from the apartment for brief periods. The participant may not be
absent from the apartment for a period of more than 90 consecutive calendar days for any reason.
Absence in this context means that the participant is not residing in the apartment.
Insufficient Funding
The City may terminate POD subsidies if the City determines that funding is insufficient to
continue the program or to continue the program at a certain level. The City will terminate the
minimum number of households needed to reduce program costs to a level within the City’s budget
authority. If the City must terminate contracts due to insufficient program funding, the City will
do so in accordance with the following criteria and instructions:
The City will first terminate assistance to those with the smallest assistance first.
PART II: APPROACH TO TERMINATION OF ASSISTANCE
10-II.A. Overview
The City will terminate a participant’s assistance for certain actions or inactions. For other types
of actions or inactions of the participant, the City may either terminate the assistance or to take
another action. This part discusses the various actions the City may choose to take when it has
discretion, and outlines the criteria the City will use to make its decision about whether or not to
terminate assistance. It also specifies the requirements for the notification to the participant of the
City’s intent to terminate assistance.
Error! Unknown switch argument.-3
10-II.B. Method of Termination [24 CFR 982.552(a)(3)]
Termination of assistance for a participant is defined as permanently ending the provision of the
POD assistance to the participant.
The City will terminate a participant’s assistance for certain actions or inactions. For other types
of actions or inactions of the participant, the City may either terminate the assistance or to take
another action. This part discusses the various actions the City may choose to take when it has
discretion, and outlines the criteria the City will use to make its decision about whether or not to
terminate assistance. It also specifies the requirements for the notification to the participant of the
City’s intent to terminate assistance.
10-II.C. Criteria for Deciding to Terminate Assistance
Consideration of Circumstances
The City will consider the following facts and circumstances when making its decision to terminate
assistance:
The City will consider the extent of participation or culpability of individual participant, members,
including whether the culpable participant person with disabilities or is a victim of domestic
violence, dating violence, sexual assault, or stalking.
1. The length of time since the violation occurred, including the age of the individual at the time
of the conduct, as well as the household’s recent history and the likelihood of favorable conduct
in the future.
The City will consider the following facts and circumstances when making its decision to terminate
assistance: City may also consider:
a. Any statements made by witnesses or the participant not included in the police report;
b. Whether criminal charges were filed;
c. Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or
ultimately resulted in an acquittal; and
d. Any other evidence relevant to determining whether or not the participant engaged in
disqualifying activity.
2. Evidence of criminal conduct will be considered if it indicated a demonstrable risk to safety
and/or property.
In the case of program abuse, the dollar amount of the overpaid assistance and whether a false
certification was signed by the participant.
If a participant owes amounts to the City, as a condition of continued assistance, the City will
require the participant to repay the full amount or to enter into a repayment agreement, within 30
days of receiving notice from the City of the amount owed.
10-II.D. Termination Notice
Whenever a participant’s assistance will be terminated, the City will send a written notice of
termination to the participant and to the owner (only if payment was made to the owner). The
notice will state the termination effective date. This date generally will be at least 30 calendar days
following the date of the termination notice, but exceptions will be made whenever City programs,
policies or the circumstances surrounding the termination require. If a participant indicates that the
Error! Unknown switch argument.-4
behavior of a household member with a disability is related to the reason for a proposed termination
of assistance, the City will determine whether there is a nexus between the disability and the
behavior. If so, upon the participant’s request, the City will determine whether alternative
measures are appropriate as a reasonable accommodation. The City will only consider
accommodations that can reasonably be expected to address behavior that is the basis of the
proposed termination of assistance.
Reasonable Accommodation
If the participant includes a person with disabilities, the City’s decision to terminate the
participant’s assistance is subject to consideration of reasonable accommodation. If a participant
indicates that the behavior of a household member with a disability is related to the reason for a
proposed termination of assistance, the City will determine whether there is a nexus between the
disability and the behavior. If so, upon the participant’s request, the City will determine whether
alternative measures are appropriate as a reasonable accommodation. The City will only consider
accommodations that can reasonably be expected to address the behavior that is the basis of the
proposed termination of assistance.
10.II.E. STATEMENT OF PARTICIPANT HOUSEHOLD OBLIGATIONS
a. The participant must supply the City any information necessary in the administration
of the program, including Social Security numbers and other identification.
b. The participant must supply any information requested by the City for use in a
scheduled reexamination, including Social Security numbers and other identification.
c. Any information supplied by the household must be true and complete. must not reside
in a unit owned by a parent, child, grandparent, grandchild, sister or brother of any
member of the participant, unless the City has determined (and has notified the owner
and the participant of such determination) that approving rental of the unit,
notwithstanding such relationship, would provide reasonable accommodation for a
participant member who is a person with disabilities.
2. Required Residency in a Rent-Controlled Unit
a. The participant must maintain residency in the enrollment unit, unless an allowable
move has been approved by the City.
b. The participant must use the unit as their sole residence.
c. The participant must not own or have any interest in the unit (other than owners of a
manufactured home leasing a manufactured home space).
d. Any information supplied by the household must be true and complete, participant
must not reside in a unit owned by a parent, child, grandparent, grandchild, sister or
brother of any member of the participant, unless the City has determined (and has
notified the owner and the participant of such determination) that approving the
apartment, notwithstanding such relationship, would provide reasonable
accommodation for a participant member who is a person with disabilities.
3. Required Notices to the City
a. The participant must maintain residency in the enrollment apartment, unless an
allowable move has been approved by the City
b. The participant must immediately provide the City a copy of any owner eviction notice.
Error! Unknown switch argument.-5
c. The participant must notify the City any changes in household income or assets or
household composition as required by the Policies and Procedures Manual.
4. The participant must not reside in a unit owned by a parent, child, grandparent, grandchild,
sister or brother of any member of the participant, unless the City has determined (and has
notified the owner and the participant of such determination) that approving rental of the unit,
notwithstanding such relationship, would provide reasonable accommodation for a participant
member who is a person with disabilities.
a. The participant must provide a minimum 30-day notice to the City and the owner before
moving out of the unit or terminating the lease.
5. Limitations on Crime and Violence and participant household members must not engage in
or threaten abusive or violent behavior towards any City employee or representative.
Abusive or violent behavior towards City personnel includes verbal as well as
physical abuse or violence. Use of racial epithets, or other language, written or oral,
that is customarily used to intimidate may be considered abusive or violent
behavior.
Threatening refers to oral or written threats or physical gestures that communicate
intent to abuse or commit violence.
PART I. OWNERS IN THE PROGRAM
Leasing to Relatives
The City must not approve a tenancy if the owner is the parent, child, grandparent, grandchild,
sister, or brother of any member of the participant. The City may make an exception as a reasonable
accommodation for a participant member with a disability. The owner is required to certify that no
such relationship exists. This restriction applies at the time that the participant receives assistance
under the program for occupancy of a particular unit. Current contracts on behalf of owners and
families that are related may continue, but any new leases or contracts for these families may not
be approved. In cases where the owner and tenant bear the same last name, the City may, at its
discretion, require the participant and or owner to certify whether they are related to each other in
any way.
Conflict of Interest
The City must not approve a tenancy in which any of the following classes of persons has any
interest, direct or indirect, during tenure or for one year thereafter:
• Any present or former member or officer of the City (except a participant commissioner)
• Any employee of the City, or any contractor, subcontractor or agent of the City, who formulates
policy or who influences decisions with respect to the programs
• Any public official, member of a governing body, or State or local legislator, who exercises
functions or responsibilities with respect to the programs
10-II.F. POD CONTRACT PAYMENTS
General POD
The City may make monthly POD assistance payments to the owner on behalf of the participant if
necessary, at the beginning of each month for that month. The City must notify the owner and the
Error! Unknown switch argument.-6
participant in writing of any changes to the owner of behalf of the participant. Payments will only
be made during the lease term, and only while the participant is residing in the unit. The monthly
payment by the City will be credited toward the ’s monthly rent. The participant is not responsible
for payment of the POD payment, and the City is not responsible for payment of the participant
share of rent. The participant’s share of the rent cannot be more than the difference between the
rent to owner and the POD payment. If the owner receives any excess POD from the City, the
excess amount must be returned immediately. If the City determines that the owner is not entitled
to all or a portion of the POD, the City may deduct the amount of overpayment from any amounts
due to the owner
The City requires property owners to participate in direct deposit of POD payments. To begin
direct deposit service, property owners must provide a completed Direct Deposit Authorization
form.
10-II.F. CHANGE IN OWNERSHIP / ASSIGNMENT OF THE HAP CONTRACT
The agreement between the new owner and the former owner must be in writing. The new owner
must provide the City with documentation of the sale and or transfer of the property. A copy of
the owner’s IRS Form W-9, Request for Taxpayer Identification Number and Certification, or the
social security number of the new owner; the effective date of the contract assignment; a written
agreement to comply with the terms of the contract; and a certification that the new owner is not a
prohibited relative.
Attachment B
POD After-Rent Income Standard
The POD After-Rent Income Standard adds the cost of utilities to the UCLA Elder Index
Basic Needs Budget (based on average utility allowances used in the Santa Monica
Housing Authority Housing Choice Voucher program) and decreases the transportation
allowance to reflect the cost of a senior monthly Big Blue Bus EZ Transit Pass (Zone 1).
PILOT 1 PILOT 2
Expense 1-person
HH
2-person
HH
1-person
HH
2-person
HH
Food $264 $490 $269 $499
Healthcare $166 $332 $162 $324
Transportation * $52 $103 $52 $103
Utilities ** $42 $55 $44 $63
Miscellaneous *** $216 $313 $220 $317
Total Monthly POD After-Rent
Income Standard $740 $1,293 $747 $1,306
Total Annual After-Rent Income
Standard $8,880 $15,516 $8,964 $15,672
*reflects an adjustment to the UCLA Elder Index from $233 to $52; $52 reflects the
monthly cost of a senior Big Blue Bus EZ Transit Pass (Zone 1).
** reflects an adjustment to the UCLA Elder Index; the UCLA Elder Index includes a
line item for ‘housing costs’, representing a single amount for rent and utilities;
because the POD program uses only the after-rent (i.e., after-‘housing costs’) portion
of the Index, and because the actual rent amount for participants is known (versus
an estimate or average), the above table ‘adds’ a line item for utilities.
*** includes: clothing, shoes, housekeeping supplies, personal hygiene products, etc.
Attachment C
Housing Commission Recommendations
On December 20, 2018 and January 17, 2019, the Housing Commission discussed Pilot 2
program design and made the following recommendations:
Eligibility Requirements:
•Minimum age: Aged 65 years and above (change from 62 years for Pilot 1)
•Income: Very Low Income/50% Area Median Income and below (same as Pilot 1)
Program Design and Roll Out:
•Application wait list would remain open and would not close
•Applicant pools selected via lottery
•Enroll participants incrementally over 12 months, and sooner if feasible
•Determine the assistance amount using (updated) UCLA Elder Index Basic Need Budget
approach, with same (updated) adjustments for utilities and transportation incorporated
in Pilot 1
•Recertify income and assets every five years unless required more often by other
government entities to maintain non-City government benefits such as medical care or
Supplemental Security Income (SSI); however, require participants to notify the City of
material changes in their household income or assets.
•Housing Trust Funds allocation of $2 million for POD would be used only for cash-based
subsidies and not administration costs.
o Care management and public benefits assessment/enrollment would not be
provided; POD would refer participants to other City-funded programs that
provide services; and
o Any research evaluation should be provided for free by an organization or
university interested in researching the POD program’s outcomes.
•POD budget should be allocated in the following manner:
Proposed Pilot 2 Cash-Based Assistance Distribution
Group
Percentage
of POD
Budget
1-Person Household 2-Person Household
Monthly
Assistance
Maximum
Monthly
Assistance
Range
Annual
Max
Monthly
Assistance
Maximum
Monthly
Assistance
Range
Annual
Max
1 35% $250 $1-250 $3,000 $498 $1-498 $5,972
2 50% $500 $251-500 $6,000 $995 $498-995 $11,943
3 15% $700 $501-700 $8,400 $1,393 $996-1,393 $16,721
•City Council should grant authority to staff work with the Housing Commission to
adjust the above “Group” budget allocations if one of more of the allocation are not
fully utilized.
Attachment D
Comparison of Key Program Elements
Pilot 2 Pilot 1
Same.
Would add the following goal:
1.POD will aim for a balanced approach to
serving a large number of households at
various need ranges.
Program Goals:
2.Help a limited number of very low-income
senior residents avoid residential
displacement by reducing household rent
burden;
3.Assist some of the City’s lowest-income
and longest-term residents to live with
greater dignity by helping them meet their
basic needs, such as rent, food, medical
care, and transportation, and by
facilitating access to mainstream goods
and services;
4.Provide an opportunity for the City to
gauge the effectiveness of POD as a
housing preservation and anti-
displacement
strategy and model; and
5.Identify key issues to address in
conjunction with considering any program
expansion.
Policies and procedures would be documented in
the Policies and Procedures Manual.
Policies and procedures were documented in
the Program Model and Guidelines.
Same, except would increase minimum age (see
below).
Threshold Eligibility Criteria established
(see Attachment H).
Minimum age to participate would be 65 years old, Minimum age to participate is 62 years old.
Would apply to a waitlist that stays open. Applied by responding to the Renter Needs
Survey.
Would select applications for eligibility review by a
rolling lottery method.
Applications were selected for eligibility
review based on the pool of Renter Survey
respondents who met the Threshold Eligibility
Criteria.
Same, and applicants would be eligible for Pilot 2 if
the amount of cash-based assistance needed by
the household falls within the budget allocation
group with available funds at that time.
Assessed an applicant’s need for cash-based
assistance by determining after-rent income
and comparting it to the POD After-Rent
Income Standard.
If maximum cash assistance within the ranges is
needed by participants, a minimum 219
participants if all 2-person households and
minimum 436 participants if all 1-person
households.
21 participants
Would refer to City-funded agencies that provide
public benefits assessment/enrollment and care
management services.
Provided public benefits assessment/
enrollment, and care management services.
Five-year income recertification cycle based on
most participants earning fixed incomes.
No income recertifications based on pilot
term of 14 months.
ATTACHMENT E
Preserving Our Diversity (POD) Pilot 1
Program Model and Guidelines
(Approved by Council on 7/25/2017)
I. PURPOSE, GOALS AND BACKGROUND
A. Background
The POD Program is the result of Council direction provided at its May 10, 2016
meeting and the affordable housing strategies recommended by the Housing
Commission in December 2015. Program design was approved by City Council
on July 25, 2017.
B. Purpose
The purpose of the Preserving Our Diversity (POD) Pilot Program is maintain
economic diversity by providing financial assistance to low-income long-term
residents aged 62 and above, living in rent-controlled apartments and whose
inability to pay rent may result in displacement from Santa Monica.
C. Nature of Pilot
POD is a pilot program of the City of Santa Monica. There may be unanticipated
issues that arise, and from which staff can learn valuable information for future
program viability. If any issues arise that are not addressed by these Guidelines,
staff will conduct a peer review of the issue and then the Housing Manager will
review the resolution for approval. All issues and resolutions will be documented
for future consideration.
D. Goals
The goals of POD are to:
1. Help a limited number of low-income senior residents avoid residential
displacement by reducing household rent burden;
2. Assist some of the City’s lowest-income and longest-term residents to live
with greater dignity by helping them meet their basic needs, such as rent,
food, medical care, and transportation, and by facilitating access to
mainstream goods and services;
3. Provide an opportunity for the City to gauge the effectiveness of POD as a
housing preservation and anti-displacement strategy and model; and
4. Identify key issues to address in conjunction with considering any program
expansion.
2
II. PROGRAM MODEL
A. Subsidy Formula
The formula for household subsidy will be as follows:
Total Annual Income less Rent = Annual Non-Rent Income
Difference Between Basic Needs Budget Non-Rent Expenses and Annual
Non-Rent Income = Annual Subsidy
Annual Subsidy divided by 12 = Monthly Subsidy
B. Basic Needs Budget
The household subsidy amount shall be determined using the Basic Needs
Subsidy Method. The Basic Needs Subsidy Method, which City staff created based
on the UCLA Elder Index Basic Needs Budget (BNB), aims to equalize the
remaining amount of income each household retains after paying rent. As such,
household subsidies will not be capped at rent.
For the POD Program Model, utilities are adjusted from the UCLA Elder Index BNB
to amounts that match the Santa Monica Housing Authority’s average utility
allowances for currently served tenants, and are based on Los Angeles County
averages. Additionally, to ensure that POD does not subsidize automobile usage,
transportation is adjusted down from $233 (based on national averages of annual
miles driven multiplied by the Internal Revenue Service standard mileage
reimbursement rate) to $52 (the rounded cost of a 30-day senior EZ Transit Base
Pass/Zone 1 for the Big Blue Bus and Metro).
The Basic Needs Budget Method for the POD pilot will include the following
expenses and amounts per household size.
POD Pilot Basic Needs Budget
Non‐Rent Expenses
EXPENSE 1 person HH 2 person HH
Food $264 $490
Healthcare $166 $332
Transportation $52 $103
Utilities $42 $55
Misc. (Phone, Cable,
Clothing, Etc.) $216 $313
Total Monthly Basic Non‐
Housing Expenses $ 740 $1,293
Total Annual Non‐Rent
Expenses $8,880 $15,516
Attachment E
3
C. Definition of Rent
Household subsidy amounts are calculated with actual rents. Rent is defined as
the amount of money paid by the head of household to the landlord as evidenced
by a cancelled check or money order or verifiable receipt. As of September 1, 2017,
rent will be calculated pursuant to the Annual Rent Control Board increase of two
percent.
D. Adjustments to Subsidy Amount
No adjustments to subsidy amounts will be made during the pilot year of POD
unless a tenant requests to withdraw, moves or becomes deceased.
E. Measuring Outcomes
Measuring outcomes is a way to ensure that POD participants are receiving the
services and resources that they need, and to determine the efficacy of program
expansion. The POD program will track measurable outcomes associated with the
articulated program goals as follows:
1. There will be three assessments during the 14-month pilot: initial
assessment, mid-program assessment (6-month) and post-program
assessment (12-month).
2. The initial measurable outcomes tracked will be as follows:
Number of households able to retain housing versus number of
households displaced due to economic reasons
Household rent burdens prior to and during program participation
Initial challenges experienced as a result of not being able to
access government benefits, community services and resources,
and household outcomes achieved as a result of accessing
benefits, services and goods
Initial challenges experienced as a result of not being able to meet
basic living expenses and household outcomes achieved as a result
of being able to meet basic living expenses
POD programmatic achievements, challenges and expenses
Identify key issues for potential expansion
3. Given the City’s goal of offering POD rental subsidies so that participants
can ‘live with greater dignity’, Housing Division staff will collaborate with
the Human Services Division and the Office of Wellbeing to select and
incorporate five to ten Wellbeing Survey questions into the above-stated
assessments.
Attachment E
4
III. GUIDELINES: ELIGIBILITY AND PRIORITY
A. Threshold Eligibility Criteria
Threshold Eligibility Criteria for the POD pilot (household must meet all criteria
below):
1. Household submitted a complete Renter Needs Survey by July 18, 2016
by 5 p.m. PST; and
2. Household participated in follow-up interviews; and
3. Head of household is a senior aged 62 or older; and
4. Household must have occupied current Santa Monica rent-control
apartment since before January 1, 2000; and
5. Household’s apartment must not be deed-restricted affordable housing
of any kind, including:
Properties purchased, rehabilitated and/or constructed with City
Housing Trust Funds;
Apartments subject to the Affordable Housing Production Program;
Federally assisted properties; and
Los Angeles County-assisted or owned affordable housing
properties; and
6. Renter Needs Survey initially indicated that the household income was
equal to or less than 30 percent of area median income (Extremely low
income) and household final income verification confirms it is no more
than 50 percent area median income (Low Income); and
7. Household is not currently participating in, or previously terminated from,
any Santa Monica Housing Authority rent subsidy programs; and
8. No household members convicted of violent crime which occurred within
the last 5 years, or who are registered sex offenders; and
9. Household income documentation indicates that the household is in
need of the subsidy (e.g. earning less than the approved Basic Needs
Budget), pursuant to the income and asset determinations and
verifications described in Section III.
Attachment E
5
B. Priority
1. Priority for the POD Program, within the Threshold Eligibility Criteria
indicated in Section III-A, will be established by serving households in
order of highest rent burden to lower rent burden. For example, a
household with a rent burden of 80 percent would have priority over a
household with a 75 percent rent burden.
2. When households are determined to have equal priority (based upon
the same level of rent burden), the tie-breaker will be the resident
household who has lived in their current Santa Monica apartment the
longest.
IV. GUIDELINES: ELIGIBILITY SCREENING
A. Identification
Screening for eligibility will require that all household members provide
acceptable identification to the City. Two forms of identification will be required:
1. California Driver’s License or California Identification or United States
Passport; and
2. Social Security Card or current Social Security Administration
Statement
B. Household Members
1. Household members are defined as the individuals living in the unit,
including spouses, dependents and other adults.
2. Live-in aides are not considered household members. A live-in aide is
defined as person who resides with one or more elderly persons or
persons with disabilities, and who: a) is determined to be essential to
the care and wellbeing of the person; b) is not obligated for the
financial support of the person; and c) would not be living in the unit
except to provide the necessary supportive services.
3. Participants must provide 10 business days written notice of a potential
household member change (removed or added). Staff may provide
exceptions for emergency medical situations.
C. Household Income Determination
Household Income will be calculated as follows:
1. Earned and unearned income from all household members; and
2. Earned and unearned income from all sources, such as employment,
self-employment, cash-equivalent government benefits, pension, and
family support;
3. Imputed income from assets calculated at a rate of 10 percent annually
(the formula for the City’s Affordable Housing Production Program); and
Attachment E
6
4. Income for live-in aides is not included in the household income
determination.
D. Household Income Verification
For household income applicant will provide the following:
1. Wages – Two consecutive months of stubs and/or W-2 Forms; and
2. Taxes – Most current Federal Tax Forms if earned income reported, if
completed, or self-certification that forms are not required; and
3. Public Benefits Statements – 2017 Benefits Statements from all
sources currently received; and
4. Family Support Statement – Complete SMHA Verification of Support
Form; and
5. Pension/Retirement Account Distributions – Three consecutive
monthly, quarterly or annual statements; and
6. Temporary, Sporadic and Nonrecurring Income – Will not be counted
and is defined as provided in the Santa Monica Housing Authority
Administrative Plan.
E. Assets Determination and Verification
The Housing Division staff will review household assets (liquid and non-liquid).
Imputed income from assets will be calculated at a rate of 10 percent annually
(the formula for the City’s Affordable Housing Production Program). Applicant will
provide the following for all solely-owned assets as follows:
1. Checking and Savings Bank Accounts – Two current consecutive bank
statements for all accounts
2. CD/Stock/Bonds/Retirement Acct/IRA/Money Market Funds – Most
recent annual investment value report and/or two consecutive
statements. Some assets may also be considered as income
depending on the frequency of distributions.
3. Real Estate – Deed or tax statement to verify ownership
4. Trusts – Copy of Trust
5. Personal Property – Personal property held as an investment and
valued more than $30,000
6. Life Insurance – Life Insurance Policy for whole life insurance policies
only
7. Annuity – Monthly/quarterly/annual statements
8. Asset Transfers – Self-certification that applicant has not transferred or
disposed of assets in the past 24 months
If a tenant does not have adequate documentation, staff may accept self-
certification pending the review described below.
Attachment E
7
F. Staff Review
If an applicant is unable to provide the verification listed above, and instead
provides different documentation or information, a peer staff review will
determine if documentation is sufficient. The Housing Manager will sign off to
concur.
V. GUIDELINES: PARTICIPATION IN GOOD FAITH
A. Participation in Good Faith Policy
All participant household members are required to review, agree to and sign a
Participation in Good Faith Policy which outlines responsibilities that the
participating household must fulfill as well as prohibited actions. All participant
households must participate in program surveys. All participant households must
apply for, and enroll in, federal, state, county and local benefit programs and
services for which they are eligible to enhance the overall financial capacity of
the household and to obtain needed services to reduce the financial strain on the
households. A nonprofit partner will assist participant households with accessing
benefit programs and services for which they may be eligible. Participants will be
provided with confidentiality information and releases, as appropriate and in
keeping with standard social service practices, and in regard to information-
sharing between the City and its non-profit partner for POD.
B. Notification to the City
Program participants are required to notify the City Housing Division:
Immediately if the landlord or participant is terminating the participant’s
apartment rental agreement.
Within five (5) business days of notice to owner if participant is
permanently vacating the apartment.
Within ten (10) business days prior to any temporary absence that will be
30 days or more.
VI. GUIDELINES: RENTAL SUBSIDY PAYMENT
A. Payment of POD Subsidy
The City will only pay the POD subsidy via direct deposit to a bank account.
Therefore, all participants are required to have a bank account and accept direct
deposits of the POD subsidy.
B. Non-Transferability
The POD Program subsidies are non-transferable and rights to rental subsidies
cease when tenancy of the apartment is terminated. Participation in the POD
Program does not establish rights to any other rental housing subsidy program
operated by the City of Santa Monica or the Santa Monica Housing Authority.
Attachment E
8
C. Rental Subsidy Payments
Subsidy payments will be made directly to Owners where Owners agree to
participate and where the POD subsidy does not exceed rent. Participating
owners will enter into written agreements with the City and will be required to
accept direct deposit payments. Where legally feasible, and in cases where
Owners are not willing to participate in the POD program, POD subsidies will be
paid directly to participants via direct deposit.
VII. GUIDELINES: APPEALS
Appeals are permitted for income determination only. Appeals must be requested in
writing within 10 business days of the decision, and must include any documentation or
additional information to be considered. Appeals will be peer reviewed. Decision
notification will be issued within 10 business days.
Attachment E
Attachment F
Threshold Eligibility Criteria
Threshold Eligibility Criteria for Pilot 2 would remain the same as Pilot 1 with only one
change (in italics):
1.Head of household is a senior aged 65 or older (Pilot 1 admitted households 62 and
older, Pilot 2 is adjusted upward to align with the UCLA Elder Index assumptions);
2.Household must have occupied current Santa Monica rent-control apartment prior to
January 1, 2000;
3.Household income must be equal to or less than Very Low Income (50 % Area Median
Income) for Los Angeles County, as determined by the United States Department of
Housing and Urban Development;
4.Household income documentation indicates that the household needs the POD cash-
based assistance (e.g. earning less than the approved Basic Needs Budget after-rent
income for household size); and
5.Household’s apartment must not be deed-restricted affordable housing of any kind,
including:
•Properties purchased, rehabilitated and/or constructed with City Housing Trust
Funds;
•Apartments subject to the Affordable Housing Production Program (or other City
inclusionary housing programs);
•Federally assisted properties; and
•Los Angeles County-assisted or owned affordable housing properties; and
6.Household is not currently participating in, or previously terminated from, any Santa
Monica Housing Authority rent subsidy programs; and
7.No household members have been convicted of violent crime which occurred in the
past 5 years.
1
Vernice Hankins
From:steven.weinraub@gmail.com
Sent:Monday, August 12, 2019 10:46 AM
To:councilmtgitems
Subject:Agenda Item 8-A
Honorable Council Members,
My name is Steven Weinraub. I have attended all of the Santa Monica
Housing Commission monthly meetings for the past 3 ½ years.
And, I am aware of the discussions within the Housing Commission
regarding the new Preserving Our Diversity or POD Program.
I fully support the Staff recommends that the City Council adopt
the Preserving Our Diversity (POD) Program Pilot 2 Policies
and Procedures Manual.
Thank you, and I hope in return you support my application for one of the
open positions as a commissioner on the Housing Commission.
Steven Weinraub
Retired Tax Attorney
Housing Commission Reporter for FOSP
310-383-3751
stevenweinraub@gmail.com
To help protect your privacy, Microsoft Office preautomatic download of this picture from the Intern
Virus-free. www.avg.com
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Vernice Hankins
From:Soloff, Michael <Mike.Soloff@mto.com>
Sent:Monday, August 12, 2019 4:05 PM
To:councilmtgitems
Cc:Gleam Davis; Terry O’Day; Councilmember Kevin McKeown; Ted Winterer; Sue Himmelrich; Greg
Morena; Ana Maria Jara; Michael Soloff
Subject:RE: Agenda Item 8A (August 13, 2019) -- Housing Division Budget Issue For POD Expansion
To the Honorable Members of the Santa Monica City Council:
I am the Chair of the Santa Monica Housing Commission. In connection with your June 25, 2019
budget agenda item, I previously sent to you the email below explaining the Housing Commission’s
recommendation that—in addition to the two temporary positions included in the City Manager’s
budget proposal—you authorize a one-time expenditure of $100,000 or less of Housing Trust Fund
monies to create an additional one-year only full time position to assure timely implementation of the
new POD ramp-up and the new City maintenance of the waiting lists for all affordable housing
opportunities in accordance with City preference policies. The full reasoning of the Housing
Commission is set out in the prior email (found below). Because it is my understanding that your
position on this proposal was not determined at your budget meeting, and because it is directly relevant
to Item 8A on your August 13, 2019 Agenda (“Preserving Our Diversity (POD) Expansion to a second
phase Pilot 2 program”), I am resending the prior email.
Thank you for your consideration.
Michael E. Soloff | Munger, Tolles & Olson LLP
350 South Grand Avenue | Los Angeles, CA 90071
Tel: 213.683.9159 | Fax: 213.683.5159 | mike.soloff@mto.com | www.mto.com
***NOTICE***
This message is confidential and may contain information that is privileged, attorney work product or otherwise exempt from
disclosure under applicable law. It is not intended for transmission to, or receipt by, any unauthorized person. If you have received
this message in error, do not read it. Please delete it without copying it, and notify the sender by separate e‐mail so that our address
record can be corrected. Thank you.
From: Soloff, Michael <Mike.Soloff@mto.com>
Sent: Monday, June 24, 2019 7:07 PM
To: councilmtgitems@smgov.net
Cc: gleam.davis@smgov.net; terry.oday@smgov.net; kevin.mckeown@smgov.net; ted.winterer@smgov.net;
sue.himmelrich@smgov.net; greg.morena@smgov.net; anamaria.jara@smgov.net
Subject: Agenda Item 9A (June 25, 2019) ‐‐ Housing Division Budget Issue
To the Honorable Members of the Santa Monica City Council:
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I am the Chair of the Santa Monica Housing Commission and write on behalf of Housing Commission
regarding the portion of Item 9A on your June 25th agenda that involves setting the budget for FY2019-
2020 for the Housing Division.
At my request, Housing Division Staff made a presentation on the FY 2019-2020 and FY 2020-2021
budget proposals at the June meeting of the Housing Commission (held on June 20). The Commission
previously had heard for the first time at our May meeting during the Housing Manager’s report that
(1) the current budget proposal called for funding from the Housing Trust Fund certain positions
needed to scale up the Preserve Our Diversity (“POD”) Program (assuming that Council approves the
recommendation to do so) and to allow for the recently approved full unified City management of the
waiting list for all affordable housing programs, and (2) the termination of the House Program in favor
of a credit counseling program. Because the Housing Manager’s Report is not even a discussion item
(let alone an action item), I agendized the budget as an action item for our June meeting in order to
allow for more complete understanding of these proposals, and an opportunity for discussion and
potential recommendations to Council relating the Housing Division budget in general.
After the Staff presentation, robust Commissioner questioning, and a long Commission discussion, the
Housing Commission members present voted unanimously to recommend that—in addition to the
current budget proposals—the Council authorize the expenditure of HTF funds for an additional 1.0
FTE limited-term position for one year only to work solely on (1) implementing the proposed POD
expansion, and (2) implementing the mandate for the City alone to administer the waiting lists for all
affordable housing programs in the City.
The Housing Commission did not come to this recommendation quickly or easily. The Commission
has been steadfast in working with Staff and recommending to Council ways to make the precious
Housing Trust Funds deliver as much affordable housing bang for the buck as possible. This is
reflected, among other places, in our recommendation (which you adopted) to create the POD program,
in our recommendation (which you adopted) to amend the HTF Guidelines to include cost-
effectiveness among the express criteria to be used when considering whether to make loans of HTF
funds, and in our recommendation (which you adopted) to include cost-effectiveness directives in the
current Housing Trust Fund Plan.
Everything else being equal, the Housing Commission would prefer (and previously recommended)
that the General Fund—rather than the HTF—fund any positions needed to ramp up the POD program
or to implement the transition to complete City control of the waiting lists for all affordable housing
opportunities. However, we understand from the Staff presentation made to us that the City faces
broader budget issues that lead to a different proposal coming before you.
Based on the discussion at our meeting, we newly became concerned that under the current budget
proposal—which includes a single 1.0 FTE limited-term Housing Specialist for two years, and a 0.5
FTE as needed Staff Assistant III for two years—there might be delays in ramping up the POD
program (which we anticipate will involve helping 200-400 additional extremely low-income and
severely rent burdened households headed by long-time senior residents of the City) and/or putting in
place the necessary lists and mechanisms to assure that all affordable housing opportunities in the City
are filled by persons meeting our existing preference criteria for those who live or work in the
City. These are goals that the Housing Commission believes both are extremely important in their own
right, as well as extremely important to the voters and other residents of Santa Monica with whom we
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have interacted. Thus, after careful consideration and deliberation, the Housing Commission believes
that it is worth a one-time expenditure of $100,000 or less of HTF monies to create an additional one-
year only full time position to assure timely implementation of the new POD ramp-up and the new City
maintenance of the waiting lists for all affordable housing opportunities in accordance with City
preference policies. While it is possible that the desired results could be timely achieved without this
one-time expenditure, the cost to the needy senior residents and to those who work and live in Santa
Monica from any delays should they occur are so great that the Housing Commissioners believe it is
worthwhile to invest in this additional position for the next year only in an effort to assure avoidance of
those delays to the maximum extent reasonably possible.
We applaud the City Manager and other staff for their efforts to seek efficiencies in the staffing of
Housing Division work, and we recognize that they or you may have more information than we had
from our one meeting regarding the magnitude of the risk of the delays that our recommendation is
designed to avoid. However, based on the information available to us, it is the Housing Commission’s
best collective judgment to recommend to you this one time additional expenditure of HTF funds.
Thank you for your consideration.
Michael E. Soloff | Munger, Tolles & Olson LLP
350 South Grand Avenue | Los Angeles, CA 90071
Tel: 213.683.9159 | Fax: 213.683.5159 | mike.soloff@mto.com | www.mto.com
***NOTICE***
This message is confidential and may contain information that is privileged, attorney work product or otherwise exempt from
disclosure under applicable law. It is not intended for transmission to, or receipt by, any unauthorized person. If you have received
this message in error, do not read it. Please delete it without copying it, and notify the sender by separate e‐mail so that our address
record can be corrected. Thank you.
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Vernice Hankins
From:art is the answer <shineshuge@gmail.com>
Sent:Monday, August 12, 2019 9:46 PM
To:councilmtgitems; Council Mailbox
Cc:Rick Cole
Subject:Proposed POD Policy
Greetings..Council, Rick Cole,
Please do not adopt the policy as proposed by the Housing Authority for POD.
The amounts being suggested to trigger an adjustment‐ are so unreasonable, that the already depressed seniors living in
poverty will
see little in the way of joy or hope much less food by the third year.
I believe that doing an adjustment for 200 people would add one single adjustment for the HA's workload per day.
I cannot believe they are so overworked that this is not possible.
I also suggest we use existing software so that seniors need not gather paper copies of eveyrhitng ‐
and have to go to the HA office in person, but rather submit it by computer. This is already being done
by just about every other program that exists for benefits, like Cal Fresh and Medical‐ IHSS etc.
We could even trim. the current workload at the HA is we adopted this policy for other re‐adjustments.
I also offer the suggestion that the property in Sunset Park that houses few people be sold, and the monies re‐
distributed. Other housing can be found. This is not a re‐ has error that people making $150,000 dollars a year and up
made‐ this is an error from the start.. too few units for too few people. Way too much money.
That is one idea. I have others. Some of us have the desire to help and contribute to this program. I already have in many
ways when it began. But it's always looked at in a condescending manner..as if people who are in trouble are less then.
They often aren't. Please make this program whole and adjusted yearly.
Please do not dismiss and devalue what some of us have to offer. Hear our voices and let us help. Not as an interview
while being looked down on ..but in a roll‐up sleeved brainstorming way.
Thank you,
Danielle Charney
Resident Since 1981
“I will always be on the side of those who have nothing and who are not even allowed to enjoy the nothing they have
in peace.”
― Federico García Lorca
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Vernice Hankins
From:KilleenC Pilon <killeencpilon@gmail.com>
Sent:Monday, August 12, 2019 9:48 PM
To:councilmtgitems
Subject:I am writing in support of the expansion of the POD program to provide more rental subsidies to
seniors who are in rent controlled apartments.
I am particularly interested in increasing the pool to 400 seniors particularly those who are quite elderly and those who
are severely disabled but not yet
candidates for assisted living with nursing care. They are without any real options and cannot easily move to another
city or town elsewhere in California or any other state for that matter.(Blind, spinal injuries, multiple sclerosis,and stroke
impaired, and amputees were some of the categorical disabilities I wished to suggest as priorities for inclusion in an
expanded POD..
Council Members, please pass this proposal before you.
Killeen Pilon
2807 Lincoln Blvd
#307
S.M. CA 90405
310‐593‐1572
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Vernice Hankins
From:Clerk Mailbox
Sent:Tuesday, August 13, 2019 8:39 AM
To:councilmtgitems
Subject:FW: Council, pls provide seniors w/yearly POD adjustment (not 5 year)
From: Marcy Winograd <winogradteach@gmail.com>
Sent: Tuesday, August 13, 2019 5:09 AM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>; Clerk Mailbox <Clerk.Mailbox@SMGOV.NET>; Rick Cole
<Rick.Cole@SMGOV.NET>
Subject: Council, pls provide seniors w/yearly POD adjustment (not 5 year)
Dear City Council & City Management:
Please do not impose unfair burdens on seniors already struggling to pay the rent.
The five year or current Housing Authority proposals for POD re‐adjustment make it too difficult financially for low
income seniors barely making it on what they have.
If the proposed policies, as suggested by the Housing Authority, go into effect, they will create undue stress for seniors
as the years pass.
Please budget to provide seniors with a yearly POD adjustment instead.
Thank you for your time and consideration,
Marcy Winograd
Ocean Park Resident
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August 13, 2019
VIA EMAIL (councilmtgitems@smgov.net)
David Whatley
1515 7th Street #230
Santa Monica, CA 90401
The City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
re: Regular City Council Meeting – Tuesday 8/13/2019 – Agenda Item 8A, POD
Dear Santa Monica City Council, Mr. Cole, Ms. Dilg, and staff----
I am writing with respect to Agenda Item 8A – POD (Preserving Our Diversity) Expansion to a
second phase Pilot 2 Program, the City Council Report of which was prepared by Housing
Program Manager Jim Kemper and approved by Andy Agle, Director of Housing and Economic
Development Housing Division.
First and foremost I would like to thank the Council for providing direction to staff to initiate this
Program. –As a community, as a Region, and as a State it is our duty to address the needs of our
residents and that most especially includes our senior citizens, in particular those whom might be
amongst the most vulnerable and marginalized. ---The cash subsidy to qualified seniors that the
POD program provides will be help amongst our most in-need neighbors. I thank the Council for
its leadership and innovation on this issue.
Secondly I would like to thank Mr. Kemper, Mr. Agle and all other housing staff who played a
role for the hard work which has been done to put the Council’s direction into a reality, first with
the Pilot 1 POD program and now with the Pilot 2 POD program. I have taken a look at the
supporting documents which are a part of this Agenda item including the Proposed POD
Policies and Procedures Manual and is evident that a lot of effort has been made to address the
array of considerations and complexities connected with the formulation of this Pilot program.
Third, I would to offer my support for most of the recommendations made by the Housing
Commission (Attachment C) with regard to this Pilot program including keeping the waitlist
open; determining the assistance amount using the UCLA Elder Index Basic Need Budget
approach; Housing Trust Funds allocation of $2 million dollars for POD would be used only for
cash-based subsidies and not administration costs; and any research should be provided for free
by an organization or university interested in researching the POD program’s outcomes.
With respect to the Housing Commission’s proposed POD budget allocation chart (Group 1, 2,
3) I think the City should hold-off on approving that; I also feel the City should hold off on
approving the Proposed POD Policies and Procedures Manual. First off, there are some parts of
the manual that contain missing information: for example in Chapter 10 under Part I, you have
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10-1-A; 10-1-B; and 10-1-C. –Based on the sentences that follow after the end of 10-1-C, there
should be a header written that states: “10-1-D – Other Circumstances”. But there is no 10-1-D
header title: such a header title would help bring both clarity to the reader and continuity in
format. –There are other examples such as this one that are present in the document and overall
the document could benefit from a second pair of eyes to review, revise/edit.
Apart from editing concerns, there also concerns with respect to the treatment of individuals with
disabilities that may be raised by the Proposed POD Policies and Procedures Manual. As an
example, Chapter 10 Part II is entitled “APPROACH TO TERMINATION OF ASSISTANCE”.
–But the paragraphs that follow do not describe an approach to termination of assistance, but
rather describe additional ways that a participant can be terminated from the program. –Part I is
entitled “GROUNDS FOR TERMINATION OF ASSISTANCE”. –Part II would more
accurately be called, “ADDITIONAL GROUNDS FOR TERMINATION OF ASSISTANCE”
because what follows is language that describes additional ways a participant may be terminated
from the program and the discussion focuses on individuals with disabilities. –It does not focus
on an “Approach”, which is a words that seems to lend itself to subjectivity rather than
objectivity.
The Manual states, “10-II-B Method of Termination 24 CFR 982.552(a)(3)”. –If you look-up
982.552(a)(3) it states, “Termination of assistance for a participant may include any or all of the
following: refusing to enter into a HAP contract or approve a lease, terminating housing
assistance payments under an outstanding HAP contract, and refusing to process or provide
assistance under portability procedures”. –However the discussion that follows makes no
mention of a HAP contract, approving a lease, or refusal to process or provide assistance under
portability procedures. To the contrary the discussion that follows talks about “action” or
“inaction” that may result in termination of assistance along with “City discretion” being able to
terminate assistance. –However the words “City discretion” are not found at all in
982.552(a)(3); further, there is no mention of the word “Method” of termination in
982.552(a)(3) nor is any kind of Method described in the sentences under 10-11-B.
Additional concerns are found in “10-II-C – Criteria for Deciding to Terminate Assistance”. –
What you have that follows are not criteria but rather circumstances. Then what follows is
confusing and unclear. –The discussion goes from saying it will use criteria, to circumstances,
and then to facts when deciding to terminate assistance. Which of the three is it? All three? Two
of three? Then there is the following sentence, “The City will consider the extent of
participation or culpability of individual participant, members, including whether the culpable
participant person with disabilities or is a victim of domestic violence, dating violence, sexual
assault, or stalking”. This sentence is confusing. –There needs to be more context beforehand so
the reader understands what the City is talking about. –Further, “individual participant” should
be “individual participants”---plural, not singular…in order for the sentence to be correct. –Not
sure what is meant by “members”…members of what? Further, “including whether the culpable
participant person with disabilities” makes no sense…a correct sentence could read, “including
whether the culpable individual participant has a disability”. –if you don’t fix the sentence, it
reads as if the City is saying all individual participants who are “culpable” are also people who
happen to have disabilities.
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I can provide more examples of these types of issues in the document but I cannot go through all
50 pages of the Manual in this letter to you. –I will instead bring you to my third reason why the
City should hold off on approving the Proposed POD Policies and Procedures Manual at the
Council meeting and that has to do with the 5 year Re-examination period (Chapter 9) of income
and household composition. A five year re-examination period is too long in order for this
program to meet its objectives: if we want this program to be a model for other cities to follow
and to be a leader in the Region, we need to ensure it provides for an annual Cost Of Living
Adjustment (COLA). –The goal of the program is to help seniors live in dignity and to prevent
them from slipping into homelessness. –But as we know, the cost of living does not remain the
same from year to year and it certainly does not remain the same over a period of five years. –
Increases in expenses such as rent, medication, and other living expenses that participants face
will decrease the net value of the POD cash payment and thereby weaken the stated program
goals/outcomes of POD and its overall efficacy. Providing an annual COLA addresses this
deficiency and is in line with Federal government programs that provide financial assistance to
senior citizens /participants: the City should insist that its local POD program also provides such
a Cost Of Living Adjustment to participants.
Again, I thank the City for its leadership, innovation, and hardwork which has been done with
respect to this Pilot program and I thank you for your time and consideration with this feedback.
Respectfully submitted,
David Whatley
July zr, zoo8David Whatley ZepedaCerrada de Cerro Tuera No 9Col. Oxtopulco Universidad04318 Mexico, D.F. Del. Coyoacan C.P.Human Resources OfficeAmerican EmbassyPaseo de la Reforma #3o5 (PB)Col. Cuauhtemoco65oo Mexico, D.F.Fax: [52] (55) 5o8o-zzo7Dear Sir or Madam,I am writing in response to your job posting for an Immigration Assistant in the Citizenshipand Immigration Services department. I am a graduate of the University of California, LosAngeles with a bachelors degree in Political Science with a concentration in Americanpolitics. I am a native English speaker who has completed both A.P. and university level
coursework in Spanish. I believe my academic training--combined with successful
background in both the private and public sectors---makes me an outstanding candidate for
the position.
While at UC[,A, I was constantly challenged to develop my writing and research abilities. I
learned the skill of "close reading" and the importance of critically analyzing every word in a
given book or article. I learned how to conduct research utilizing a variety ofsources
including academic databases, search engines and hard copy materials. Not only was I
trained to identi$r and analyze the arguments of others, I was taught how to formulate and
defend my own arguments.In the end, my academic training has equipped me with strong
critical thinking and analltical skills.
In addition to my academic training, I possess a rich background in both the private and
public sectors. Most recently I worked as an Administrative Assistant for a small real estate
company in Los Angeles. My job duties ranged from coordinating contracts amongst lenders,
contractors and property managers to providing executive assistance to the President and
Operations Manager. Prior to this position, I worked as Staff Aide to State Senator Kevin
Murray. In that role, I served as the Senator's liaison to all members of his constituency
including individuals, businesses and non-profit organizations. My duties ranged from
helping constituents resolve problems they were experiencing with State agencies to
providing constituents with information and guidance concerning any pending legislation.
I am confident that my skills and background will carry over quite effectively into the
Embassy's I mmi gration Assistant position.
I would love the opportunity to meet with you in person to further discuss my qualifications.
I am available for an interview at vour earliest convenience.
Sincerely,
**fi4rt49
David Whatley
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Vernice Hankins
From:Council Mailbox
Sent:Tuesday, August 13, 2019 11:56 AM
To:City Council Distribution Group
Cc:councilmtgitems; Katie E. Lichtig; Anuj Gupta; Andy Agle
Subject:FW: Item 8A: POD Program Expansion
Council‐
Please see the email below regarding the POD program expansion.
Thank you,
Stephanie
From: Laurel Overman [mailto:laurel.overman@gmail.com]
Sent: Tuesday, August 13, 2019 11:04 AM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>
Subject: Item 8A: POD Program Expansion
I support the POD program and its continued funding. However, the city should interview program participants
to determine why their retirement income is insufficient for their support, even after extremely low rent
controlled rent. This information is vital to craft future policies, and it should be made public.
My direct experience with seniors eligible for this program is that their history of cheap rent did not motivate
them to work to increase their income. Since they didn’t work enough, their social security income is
insufficient.
I have been in Santa Monica since my youth. I rented my first apartment here in 1970 and I remember well the
circumstances that led to rent control. I am a lifelong democrat that has worked in affordable housing. For
many people, extreme rent control allows them to postpone making financial decisions that would benefit their
economic future.
Please consider that more moderate current rental policies would likely result in fewer future POD senior
renters.
Like your mother told you, sometimes we need to do things we don’t want to. If you don’t need to go out and
get that extra job, you don’t, and you are not necessarily better off for it.
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Vernice Hankins
From:Council Mailbox
Sent:Tuesday, August 13, 2019 11:57 AM
To:City Council Distribution Group
Cc:councilmtgitems; Katie E. Lichtig; Anuj Gupta; Andy Agle
Subject:FW: Item 8A POD (Preserve Our Diversity)
Council‐
Please see the email below regarding the POD program expansion.
Thank you,
Stephanie
‐‐‐‐‐Original Message‐‐‐‐‐
From: Betsy [mailto:betsyjkatz@gmail.com]
Sent: Tuesday, August 13, 2019 7:03 AM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>
Cc: Rick Cole <Rick.Cole@SMGOV.NET>
Subject: Item 8A POD (Preserve Our Diversity)
Dear City Council,
Stop wasting our money to PYP (Preserve Your Power) and start spending OUR money to preserve the diversity and
DIGNITY of our vulnerable long term resident Senior Citizens.
Stop wasting our money on FAKE wellbeing mantra and PR and put the money where it will immediately enhance the
quality of life for our vulnerable long term resident Senior Citizens.
USE GSH funds to ADD a Cost of Living Increase to the Aid for POD recipients. Do more, not less. Do not accept the staff
recommendations as is because they are not good enough.
Sincerely,
Betsy Katz
3016 Ruskin St
Santa Monica, CA. 90405
betsyjkatz@gmail.com
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Vernice Hankins
From:Council Mailbox
Sent:Tuesday, August 13, 2019 11:58 AM
To:City Council Distribution Group
Cc:councilmtgitems; Katie E. Lichtig; Anuj Gupta; Andy Agle
Subject:FW: POD program
Council‐
Please see the email below regarding the POD program expansion.
Thank you,
Stephanie
From: Leslie Hunt [mailto:isleepwith+dogs@gmail.com]
Sent: Monday, August 12, 2019 11:52 PM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>
Subject: POD program
To the City Council,
First I would like to thank you for the POD program for low income seniors. We certainly need something like this and more of it
as many seniors, often women are ending up in their cars and others suffer from the effects of poverty.
I ask you to consider a yearly adjustment as the current policy as proposed by the Housing Authority, which would take 4- 5
years for a COLA adjustment is brutal and will defeat the purpose of the program.
Please consider allowing this fine program to be adjusted yearly. Seniors have no time left. Let them have a bit of dignity
instead of placing them under huge stress.
Thank you,
Leslie Hunt..
2014 Delaware Ave
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Vernice Hankins
From:Council Mailbox
Sent:Tuesday, August 13, 2019 11:58 AM
To:City Council Distribution Group
Cc:councilmtgitems; Katie E. Lichtig; Anuj Gupta; Andy Agle
Subject:FW: Item 8A POD (Preserve Our Diversity)
Council‐
Please see the email below regarding the POD program expansion.
Thank you,
Stephanie
From: Ann Maggio [mailto:annmaggio@gmail.com]
Sent: Monday, August 12, 2019 9:47 PM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>; Rick Cole <Rick.Cole@SMGOV.NET>
Cc: Sam Thanawalla <samthanawalla@gmail.com>
Subject: Item 8A POD (Preserve Our Diversity)
Dear City Council,
Stop wasting our money to PYP (Preserve Your Power) and start spending more of OUR money to preserve the
diversity and DIGNITY of our vulnerable long term resident Senior Citizens.
Stop wasting our money on FAKE wellbeing mantra and PR and put the money where it will immediately enhance
the quality of life for our vulnerable long term resident Senior Citizens.
USE GSH funds to ADD a Cost of Living Increase to the Aid for POD recipients. Do more, not less. Do not accept
the staff recommendations as is because they are not good enough.
Sincerely,
Ann & Sam Thanawalla
Wilmont
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Vernice Hankins
From:Michele Cole <michelecole2@aol.com>
Sent:Tuesday, August 13, 2019 2:56 PM
To:councilmtgitems
Subject:Please vote yes on item 8A (Preserving Our Diversity)
Dear Councilmembers
Please vote yes on Item 8A - Preserving Our Diversity. This will help low income seniors stay in their homes, and allow
them to live with dignity.
I agree with the Housing Commission recommendations.
Thank You
Michele Cole
1930 Stewart St. #A9
Santa Monica, CA 90404